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(영문) 대구지방법원 2013.08.29 2013노1882
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.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. On September 28, 2012, the Defendant had been sentenced to a fine due to drinking without drinking, driving without obtaining a license, and the Defendant was under trial on March 15, 2013, which caused a traffic accident while driving without a license and resulting in injury to the victim C and E. In addition, the Defendant committed the crime of drinking and driving without a license.

At the time of the crime on September 28, 2012, the Defendant’s blood alcohol concentration was very high to 0.183%, and on March 15, 2013, at the time of the crime, the Defendant’s blood alcohol concentration was not less than 0.092%.

However, the defendant is able not to repeat the crime with his depth.

The degree of injury of the victims of traffic accidents is relatively minor, and the victims do not want punishment in consultation with the victims in addition to the comprehensive insurance.

In light of the fact that the defendant was employed in H that he operated by his wife for about two years before being detained in this case, his family and his wife for the defendant, especially his father and wife for the sixth-year student at elementary school, who is the defendant's father and wife for the defendant's wife for the defendant, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the sentence of the court below is unreasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.

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