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(영문) 부산지방법원 2020.05.22 2019노3375
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The instant crime is determined by the Defendant’s act of driving a car in a situation where it is difficult for the Defendant to drive the car normally due to influence of drinking, and the Defendant’s liability for the crime is not easy in light of the risk of the crime, the degree of the crime, etc.

The blood alcohol level is also high at the time of the defendant's drunk driving.

However, the Defendant is against all the criminal acts of this case.

The Defendant agreed with the victim E and G in the lower court, and agreed with the victim C in the appellate trial.

A defendant's vehicle is covered by a comprehensive motor vehicle insurance, and the defendant has no record of punishment exceeding a fine.

In addition, considering the defendant's age, environment, motive and consequence of the crime, the means and consequence of the crime, the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(A) In the event that an appeal by a prosecutor is without merit, and the original judgment is reversed by accepting the appeal by the defendant, the prosecutor’s appeal shall not be dismissed separately from the disposition). 【Reasons for the judgment in multiple cases】 Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in the corresponding column of the original judgment, and thus, they shall be quoted as it is in accordance with Article 369

Application of Statutes

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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