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(영문) 부산지방법원 2017.04.14 2017노837
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The court below dismissed the prosecution against the defendant as to the violation of road traffic law among the facts charged in the instant case, and convicted the remaining facts charged, and dismissed part of the prosecution which the prosecutor did not appeal because only the defendant appealed against the guilty part, becomes final and conclusive upon the expiration of the appeal period. Thus, the court below's judgment shall be tried only for the guilty part among the judgment below.

2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The crime of this case is acknowledged that each of the crimes of this case committed by the defendant, on September 5, 2016, after the driver's license was revoked due to driving under the influence of alcohol on the part of the defendant, caused a traffic accident and did not take necessary measures to prevent the occurrence of a traffic accident while driving a drinking or non-exclusive license in two months, and the victim, who escaped without taking necessary measures to stop driving on the side of the driver's seat in the sea, inflicted an injury on the victim by driving the damaged person on the road by putting the damaged person on the window, and thereby causing the injury to the victim. The crime of this case is very heavy, and the crime is very very heavy, the alcohol concentration in blood is 0.179%, and the injury level and degree are very heavy.

However, when considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, as it is too unreasonable, when considering all of the sentencing conditions indicated in the instant pleadings, such as the following: (a) the Defendant has led to the confession of all of the crimes; (b) there is no history of punishment heavier than the fine imposed; (c) the victim has agreed with the victim; and (d) the victim wants to repeat the Defendant’s wife; and (c) the Defendant’s age

4. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and it is again decided as follows.

Criminal facts

The summary of the evidence is the facts charged by the court.

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