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(영문) 부산지방법원 2014.09.26 2014노2531
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of one year and two months sentenced by the court below is too unreasonable.

2. It is recognized that the judgment of the court below is against the defendant's recognition of all of the crimes of this case, the defendant clearly agreed with the victim or his/her bereaved family members and expressed his/her will not to punish the defendant during the judgment of the court below, the defendant's driver's vehicle is covered by a comprehensive insurance and thus it seems that medical expenses can be paid out of insurance money, etc., other than a fine one time, there is no history of criminal punishment, other than a fine one, the defendant's family and majority members want to take a preference against the defendant, and the long-term acceptance of the defendant could cause considerable difficulties in the defendant's business operated together with his/her wife

However, the legislative intent of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes is to punish a driver who causes the injury or death of a person while driving a motor vehicle while normal driving is difficult due to influence of alcohol, etc. Therefore, a strict sentencing is required unlike the case of ordinary traffic accidents. Each of the crimes in this case requires the defendant to make a left-hand turn while driving the motor vehicle while under the influence of alcohol concentration of 0.180%. The defendant was negligent in failing to properly operate the steering gear and brake system, causing a traffic accident leading the victims who have dried the crosswalk pursuant to pedestrian signals and caused the death of the victim D (66 years old), while causing the serious injury to the victim E (n, 4 years old and 56 years old) and the victim F (n, 56 years old). The degree of violation of the law of the defendant or the victim's damage is very serious, and in particular, the death of the victim D cannot be caused by an inevitable circumstance at the time of driving.

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