(영문) 전주지방법원 2020.06.25 2020노17 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2020.06.25 2020노17

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below (the first judgment of the court below: one year of imprisonment and four months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the court below acquitted the defendant about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in this case, and acquitted the defendant about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. 2) The sentence of the court below on the Aggravated Punishment, which affected the conclusion of the judgment, is too uneasible and unreasonable.

2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the existence of the above reasons for ex officio destruction, and this is examined below.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The gist of this part of the facts charged is that the Defendant is a person engaging in driving a NTM car.

On April 20, 2019, the Defendant driven the said vehicle while under the influence of alcohol of 0.091% with a blood alcohol concentration of 0.00%, and continued to proceed to the right bypass from the surface of the lower surface office from Q elementary school room to the front side of the front side office.

In this case, a person engaged in driving of a motor vehicle shall reduce speed and shall take the right and the right of the vehicle.

참조조문

-형법 제38조 제1항

유사 판례

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-서울고등법원 2020.07.23 2019노2722

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