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(영문) 수원지방법원 2015.06.10 2014노7502
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (two years of suspended execution in six months of imprisonment, and forty hours of order to attend school) is too unreasonable.

2. The judgment of the court below is justified in light of the following facts: each of the crimes of this case committed by the defendant while driving a vehicle under drinking alcohol and causing injury to the victim and the persons driving the damaged vehicle; further, it is not good that the defendant refused to take a drinking alcohol test; and the defendant has the record of being punished for drinking driving around 2012; however, the defendant's liability is not less than the defendant's liability for the crime of this case; the defendant is against and against each of the crimes of this case; the defendant is driving the vehicle; the degree of injury suffered by the traffic accident victims is not relatively excessive; the victim's injury was paid through the insurance company and agreed with the victims; the victim did not have any other punishment power other than the punishment once by the above drinking driving; the defendant's family members and employees have promised to guide the defendant; and the defendant's family members and employees have been committed in return for promising to guide the defendant; and the defendant's age, character, family relationship, circumstances, and circumstances after driving the vehicle.

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

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;

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