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(영문) 전주지방법원 2015.05.22 2015노248
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have caused personal and material damage by shocking the motor vehicle, etc. that was driven in the opposite direction while driving a motor vehicle in a state where it is difficult for the defendant to drive the motor vehicle normally due to drinking, and driving the motor vehicle in the central line due to negligence, and causing the relevant crime.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects against the defendant, that the defendant agreed with all victims by further agreement with the victim G, K, and I, that the defendant has no record of criminal punishment exceeding the fine due to the same crime, and that there is no record of criminal punishment beyond the fine due to the same crime, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character, conduct and family environment, the sentence imposed by the court below is somewhat

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and 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 after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 151 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 81 of the Automobile Accident Compensation Act, Article 81 (2) 2, and Article 12 (1) of the Automobile Management Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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