(영문) 대전고등법원 2013.07.10 2013노232 | 리걸엔진

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(영문) 대전고등법원 2013.07.10 2013노232

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant had been punished for driving under the influence of alcohol twice in 2009, even though he had a history of driving under the influence of driving under the influence of alcohol again without a driver's license, repeated driving under the influence of alcohol without any driver's license, the occurrence of an accident and continuing driving under the influence of alcohol without rescueing the victim, which is highly likely to be subject to criticism, and the Defendant was sentenced to a two-year suspended sentence on July 11, 2012 at the Daejeon District Court due to the crime of forging private documents, etc., and the said sentence became final and conclusive on July 19, 2012.

In light of the fact that the Defendant committed the instant crime without being aware of it, it cannot be denied that there is a need for strict punishment against the Defendant.

However, in light of the defendant's age, character and conduct, intelligence and environment, circumstances after the crime and all of the sentencing factors shown in the argument of this case, the sentencing of the court below is too unreasonable. It is judged that the sentencing of the court below is too inappropriate, considering the defendant's age, character and behavior, intelligence and environment, circumstance after the crime and all of the sentencing factors shown in the argument of this case.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence. Thus, they are cited in the judgment below.

Application of Statutes

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

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