(영문) 부산지방법원 2014.10.10 2014노2783 | 리걸엔진

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(영문) 부산지방법원 2014.10.10 2014노2783

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the court below to the defendant is too unreasonable.

2. The facts of each of the instant crimes are acknowledged as follows: (a) the Defendant, while driving a motor vehicle under the influence of alcohol with a 0.173% alcohol concentration without a driver’s license, was due to negligence while driving the motor vehicle while making it difficult for him to drive the motor vehicle in a normal condition; (b) obstructed the victim C, E, and F by causing each injury to the victim C, E, and F; (c) at the same time, the Defendant offered a driver’s license under the name of friendship to conceal the said motor vehicle; and (d) forged and uses the report on detection of the principal driver and the report on the circumstance of the principal driver by stealing the name of friendship in order to conceal his/her criminal act; and (e) forged and uses the report on detection of the principal driver and the report on the circumstance of the principal driver by stealing the name of friendship; and (e) the crime is not easy and bad; (e) there was no record of obtaining a driver’s license prior to driving; and (e) there was a history of punishment

However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case and against the Defendant’s mistake; (b) the victims wanted to take the Defendant’s wife by agreement with the victims; (c) disposed of the vehicles provided for each of the crimes in this case; and (d) there are family members to provide support, such as the Defendant’s age, environment, family relationship, occupation, and the process of the crime in this case; and (e) other circumstances, which are the conditions for sentencing specified in the record, the sentence of the lower court is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

참조조문

-형사소송법 제364조 제6항

유사 판례

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