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(영문) 광주지방법원 2017.01.11 2016노3729
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

1. The sentence imposed by the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The instant crime is an unfavorable circumstance where: (a) the instant crime brought about the death of two victims who caused a traffic accident while driving a vehicle in the course of being taken by the Defendant; and (b) the liability for such crime is not less strict; and (c) the Defendant was unable to reach an agreement with his bereaved family members E until the first instance trial.

On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, the defendant is the first offender who has no previous conviction, the defendant's family members agree with the victim D's bereaved family members at the time of the trial and the above bereaved family members are not punished against the defendant, and the motor vehicle driven by the defendant is covered by the comprehensive insurance policy.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of death or injury caused by dangerous driving) concerning the crime under each relevant Act, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of unauthorized driving);

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

1. Selection of sentence of imprisonment with prison labor for a crime of violation of traffic laws at a selective sentence of punishment;

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

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