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(영문) 대구지방법원 2018.08.23 2018노1589
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.

2. The judgment of the Defendant committed the instant crime during the period of suspended execution as a crime of Lee Jong-chul.

However, there is no record of the same crime except for the punishment of a fine of 1.5 million won due to the driving of light drinking in 2016.

The victims did not have much degree of damage and agreed with the victims.

In full view of the circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, family relationship, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against E against a victim, the criminal situation of which is heavier);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes with punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be the aggregate of the maximum amount of the crimes referred to above two crimes];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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