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(영문) 서울서부지방법원 2016.01.28 2015노1154
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. Determination

(a) Where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Aggravation of Specific Traffic Accidents (from August to June) is serious in the area of aggravated punishment (the person subject to special aggravated punishment) of Type 1 (the scope of recommended punishment) of the General Traffic Accidents (the person subject to aggravated punishment) [the person subject to aggravated punishment] of the proviso of Article 3(2) of the Act on Special Cases concerning the Specific Economic Crimes [the factors subject to aggravated punishment] where serious injury, other than serious injury, occurs: Subscription to comprehensive motor vehicle insurance, serious reflection [the criteria for suspended sentence] major reasons for suspended sentence: negative (the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Specific Economic Crimes is serious) (not less than twice, the person subject to aggravated punishment has no effort to recover damage).

B. Specific judgment is the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the crime and divided, and that the Defendant’s driving vehicle is covered by a comprehensive insurance policy.

However, in light of the circumstances of the accident and the degree of negligence of the defendant, such as the defendant's negligence of neglecting the situation of drinking and causing the injury to four pedestrians who walked a crosswalk by shocking the signal, etc., the punishment for the crime is grave, and the driving of drinking brings about harm to the life and body of other persons as well as the driver. Thus, there is a need to strictly punish it; the defendant's blood alcohol concentration is considerably high; the victims suffered injury are very serious; the victims were not agreed with the victims or were given an opportunity to take measures to recover the damage at the trial; the defendant did not make any effort to recover the damage including deposit; and the defendant was punished by a fine due to a violation of the Road Traffic Act (damage).

(b) other.

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