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(영문) 인천지방법원 2015.06.10 2015노409
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of the various sentencing conditions shown in the records and arguments of this case and the fact that the defendant had no criminal conviction or more than imprisonment without prison labor, the defendant's vehicle is covered by a comprehensive insurance policy, and all victims have agreed with the court below and the court below, the sentence of the court below is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

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