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(영문) 대구지방법원 2016.06.02 2015노2816
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, 40 hours of lecture attendance order for compliance driving) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The alcohol content among the blood of this case on the plate is considerably high as 0.256%, and due to this, the Defendant was driving in a state of spawn which makes it impossible to completely memory the driving fact, etc.

In addition, there is no circumstance that the defendant made efforts to recover the damage of the victim H.

However, the defendant is against the charge, and the degree of injury of the victims due to the accident in this case is not severe, and the defendant has no special criminal history.

In addition, the defendant did not want the punishment of the defendant by mutual consent with the victim F.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment of a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims F with heavier criminal penalty (the punishment prescribed for the crime of death or injury before danger));

1. Selection of each sentence of imprisonment;

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