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(영문) 서울남부지방법원 2020.06.18 2019노803
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. The sentence of the lower court against the Defendant is unreasonable in light of the following factors: (a) the blood alcohol concentration in the judgment is higher than 0.141%; (b) the Defendant was the primary offender; (c) the degree of injury to the victims is minor and agreed with the victims; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes; and (c) the circumstances after the commission of the crime.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018) concerning the relevant criminal facts

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

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each of the crimes above is aggregated) of the aggravated concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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