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(영문) 인천지방법원 2017.05.31 2017노1159
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the various sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant agreed smoothly with the victims in the judgment at the trial of the judgment party, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 (Bodily Injury to Dangerous Driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes re-offending even though the history of the crime was caused by drinking or non-licenseless driving for the reason of sentencing, the driving of the instant drinking or non-licenseless driving was a same repeated offender, and the fact that the alcohol concentration level in the instant blood transfusion is high is disadvantageous.

The fact that the crime is recognized and reflected, the degree of injury of the victims is minor, and the fact that all victims and the parties have agreed smoothly is favorable.

The sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sex, environment, and circumstances after the crime.

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