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(영문) 서울북부지방법원 2015.06.04 2015노575
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below was made on the following grounds: although the defendant had been already punished by a suspended sentence of imprisonment and a fine several times for the same kind of crime as the crime of this case, each of the crime of this case was committed by the defendant. Each of the crime of this case was committed by the defendant under the influence of drinking alcohol (0.238% of blood alcohol level), the defendant was under the influence of driving a motor vehicle while normal operation is difficult, and the victim C driver taxi of this case stopped at the front direction of the motor vehicle operated by the defendant in accordance with the signal apparatus signals, thereby causing each injury to the victim C and E who is a passenger of this case. The crime of drunk driving committed by the defendant causes danger to the life and body of others as well as the driver, and there is a need to strictly punish the defendant. However, it is against the defendant's depth recognizing that the defendant was erroneous, and the defendant should be responsible for his livelihood with his wife and children, and the defendant's motive, circumstance, etc. of the defendant's own vehicle being driven by the defendant, and the defendant's age and circumstances of the victim.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

(b).

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