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(영문) 인천지방법원 2017.04.12 2016노5005
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Prior to the instant case, the Defendant did not have the record of crime, and shows an attitude of revolving and reflecting the depth of the Defendant’s vehicle. A vehicle driven by the Defendant is covered by a motor vehicle comprehensive insurance, and as seen below, the Defendant deposited considerable money in the lower court and the first instance court with the victim and the bereaved family as the principal.

However, under the influence of alcohol (0.122% in blood alcohol), the Defendant tried to contact the wife with the vehicle with a Handphone while driving the vehicle in a state where normal driving is difficult due to the influence of alcohol (0.122% in blood), and was at a speed exceeding the speed of restrictions on the damaged vehicle that was stopped due to very serious negligence, such as lighting, and led the victim I to die three of the damaged vehicle's family members who were on board the damaged vehicle and suffered serious injury.

The crime of this case is a serious human life, which is a valuable value that cannot be altered under this world, is a very fluorous act of the defendant. Among the victims of death, the victims of death, the victims I and their bereaved family members are suffering from serious mental distress and are now suffering, and it is difficult to estimate the degree of pain that they need to live in the future (the family members of the defendant are trying to re-deposit money for the victim I after the defendant was detained, but the victims I and their bereaved family members consistently refuse to receive each of the above deposits from the court below to the court of first instance.

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