(영문) 대구지방법원 2019.08.29 2019노2034 | 리걸엔진

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(영문) 대구지방법원 2019.08.29 2019노2034

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. As to the sentencing of the lower court (one year and eight months of imprisonment), the Defendant asserts that the Defendant is too small, and the prosecutor is too unhued and unreasonable.

2. In light of the fact that the Defendant was punished for driving without a drinking license, and that the Defendant caused a traffic accident while driving without a drinking license under the influence of the same kind of crime on August 7, 2016 without being weighted even during the period of suspension of execution, and the Defendant repeated his/her driving without a drinking license under the influence of the same kind of crime after being investigated by the investigative agency, and that the blood alcohol concentration level measured every time exceeds the criteria for revocation of license, it is necessary to strictly punish the Defendant.

However, in light of the following circumstances: (a) the Defendant’s recognition of all of the instant offenses; (b) the victim of the traffic accident; (c) the personal injury and physical damage of the victim of the traffic accident; (d) the victim H of the crime, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Act on the Aggravated Punishment, etc. of Specific Crimes; and (e) the victim W of the crime of violation of the Road Traffic Act due to occupational injury and damage; and (e) the victim W of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury and Injury caused by Occupational Negligence); and (e) the Defendant’s consent to the payment of compensation for damages from the Defendant’s side; and (e) the Defendant’s prior consent to the Defendant’s wife.

It is too unreasonable rather than that.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Discied Grounds for Judgment] The same as the corresponding column of the judgment of the court below on criminal facts and evidence.

Application of Statutes

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참조조문

유사 판례

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-청주지방법원 2014.10.17 2014노790

-창원지방법원 2014.08.14 2014노701