(영문) 청주지방법원 2014.11.20 2014노875 | 리걸엔진

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(영문) 청주지방법원 2014.11.20 2014노875

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and 120 hours of community service) declared by the court below is too unfasible and unreasonable.

2. The extent of injury of the victims to the judgment is not relatively more severe than the situation of the crime, and the fact that the defendant reflects his mistake is favorable to the defendant.

However, the crime of this case was committed by two victims of traffic accidents due to driving without a license. The blood alcohol concentration of the defendant was considerably high by 0.145% at the time of the crime of this case. The defendant was committed in front by reporting the victim E while driving the victim E in front, and it is very good that the crime is likely to directly shock the part of the above victim's bridge and lead to human life damage. The defendant has already been punished four times due to driving without a alcohol, and the defendant has already been sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and the defendant was sentenced to the punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. The defendant did not agree with the victims, and the defendant's age, character and behavior, environment, family relationship, motive and circumstances after the crime of this case, and all of the records and circumstances after the crime of this case are considered to be unfair.

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

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

-형사소송법 제369조

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