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(영문) 대구지방법원 2015.02.12 2014노4260
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The sentence (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 4 months) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 81 (2) 2 and Article 12 (1) of the Automobile Management Act, Article 152 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act, the selection of imprisonment;

1. Among concurrent offenders, the Defendant had had the record of having been punished several times for the same kind of crimes, and committed each of the crimes of this case.

The defendant, while driving a cargo under the influence of alcohol of 0.198%, has started the vehicle while under the control of drunk driving, resulting in a traffic accident over the right fall part of the victim who is a police officer.

The defendant's driving of a vehicle which has not been registered for transfer without mandatory insurance, and this part of the crime is hot, and the above case is the case.

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