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(영문) 전주지방법원 2015.09.21 2015노834
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The instant crime is under the influence of the Defendant’s blood alcohol concentration of 0.205% without a driver’s license, while driving a car without a driver’s license.

Considering the following: (a) the victim F, who was in the air traffic signal at the front door, was able to receive the rear part of the cargo vehicle of the victim F, and (b) the said cargo was pushed in the future, and the victim J, K and the victim J, the victim J, and the victim H, who was in the atmosphere of the above signal, suffered two-way injuries respectively; (c) in light of the content and consequence of the crime, the crime is very serious in quality; (d) the Defendant was subject to criminal punishment due to a drunk driving or a traffic accident; and (d) the Defendant committed the instant crime at least four months after having been sentenced to punishment due to the violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful Medical Service Providers).

On the other hand, however, considering the fact that the defendant led to the confession of the crime of this case and reflects his mistake, the degree of injury of the victims is not excessive, the defendant agreed with the victim F, J, and K in the trial, the defendant's vehicle is covered by the comprehensive automobile insurance, and all of the sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, and family environment, the court below's punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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