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(영문) 부산지방법원 2020.11.12 2020노1716
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

1. Summary of grounds for appeal;

A. Determination of the amount of imprisonment (eight years of imprisonment) by the Defendant is unreasonable.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. The lower court sentenced the victims of drinking traffic accidents as factors for sentencing, such as the fact that they suffered enormous damage, and that they did not agree with the victims such as bereaved families, etc.

However, the defendant agreed with all victims, such as bereaved families, etc. in the appellate trial, and the victims were in favor of them.

In addition, when reviewing the sentencing factors, the amount of the original sentence is recognized as inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020; hereinafter the same shall apply), Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 1692 of Feb. 4, 202), Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 1692 of Feb. 4, 20

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;

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