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(영문) 대전지방법원 2014.10.16 2014노286
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) is unreasonable as it is excessively unhued.

B. The sentence imposed by the lower court is excessively unreasonable.

2. The crime of this case is a conflict between the victim's vehicle that the defendant had been normally driven while under the influence of alcohol, and the defendant's negligence is very serious in the occurrence of the accident. In addition, the victims are suffering from severe injury, such as the sobaging of the 14 weeks in advance, and the two cases requiring seven weeks in advance treatment, and the victim's vehicle was not covered by a comprehensive insurance policy.

However, there are extenuating circumstances that the defendant deposited a certain amount of money in the victims' future and agreed to pay 2 million won to the victims E after the issuance of the judgment of the court below, and that there is no particular penalty power prior to the transfer of the case.

However, the victims did not actually pay the deposit money, according to the result of the sentencing investigation in the trial, it seems that the victims who suffered serious dangers in health due to the instant case have not been able to make a serious effort by actively communicating the victims to reach their agreement, etc., and the victims who suffered from symptoms after the instant case want to be punished by a severe punishment for the defendant, and the court below has sentenced a severe punishment to the defendant more than the lowest punishment scope in the sentencing guidelines in consideration of the circumstances favorable to the defendant, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance before and after the crime, etc., it is not deemed that the punishment imposed by the court below is too harsh or unreasonable. Thus, the prosecutor and the defendant's assertion of unfair sentencing is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit.

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