(영문) 울산지방법원 2019.02.15 2018노1147 | 리걸엔진

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(영문) 울산지방법원 2019.02.15 2018노1147

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six years of imprisonment) is too unreasonable.

2. The crime of this case is committed under the influence of alcohol level of 0.104% by the Defendant, while driving a vehicle in violation of the signal while driving the vehicle, and the Defendant was negligent in failing to take measures to cope with the accident even though the victim was dead due to high level of second damage, etc., and the nature of the crime is very poor. The crime of this case is committed. The result of the victim's death is very serious, and the victim's bereaved family is expected to suffer significant mental shock and pain due to the death of the victim. The victim's bereaved family members seems to have high blood alcohol level, and the Defendant had been punished for drunk driving even before the crime of this case, etc., but the Defendant appeared to have committed the crime of this case. Considering the circumstances favorable to the Defendant, such as the Defendant's recognition and reflection of the crime of this case, and the agreement between the victim and his bereaved family members was reached at the trial, the Defendant's age, character and behavior, environment, motive of the crime, method and result of the crime, etc., the above assertion of sentencing is unreasonable.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act on the Punishment, etc. of Specific Crimes shall be applicable to the crime and the death of occupational negligence.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제1호

-형법 제268조

-형사소송법 제364조 제6항

-형사소송법 제369조

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