logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.05.15 2019고단28
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

Defendant

A Imprisonment with prison labor for six years, for one year and three months, and for six months, for Defendant C, respectively.

(b).

Reasons

(a) Articles 148-2 (1) 1 and 44 (1) of this Act, Article 32 (1) of the Criminal Act (Punishment of a person subject to punishment provided for in Article 148-2 (2) 2 of the Road Traffic Act on the same ground as the defendant B);

1. Defendant A and B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Defendant B and C: Articles 32(2) and 55(1)3 of the Criminal Act;

1. Defendant A and B among concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant C with suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court (Defendant A)] (the scope of recommended punishment according to the sentencing guidelines of the Supreme Court)] the weighting area (driving, driving, four to six years), and revision of recommended punishment taking into account the lower limit of the statutory applicable sentencing range] * Five years to 6 years (decision of sentence] due to the Defendants’ crimes, the victim who is only 24 years of age was dead.

The family members, such as the mother who has raised the victim by alone, shall not be humping the mental shock and suffering that are experienced by the bereaved family members.

In particular, the crime of this case is not very good in terms of crime committed in the state of 0.168% under the influence of blood alcohol concentration even when the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act is completed or before the enforcement of the Act, which requires a strict punishment for drinking driving recently, and the case is more serious.

Defendant

A was leveled to conceal his crime without taking any measures despite the victim's death.

The defendant has been punished for drinking twice even before.

arrow