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(영문) 의정부지방법원 2018.02.22 2018노30
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant recognized the crime of this case against the mistake, and has no record of punishment exceeding the fine for the same or a similar traffic-related crime.

Even though the Defendant suffered from sacrines in the instant traffic accident, the Defendant was unable to receive appropriate medical treatment due to economic difficulties, and the health status is not good.

However, the Defendant’s indictment for 0.155% of alcohol content in blood is written in the Defendant’s blood content as 0.115%, but according to the evidence duly adopted and investigated by the lower court, the Defendant’s blood content is 0.15% of alcohol content in the Defendant’s blood.

In order to overtake the vehicle while driving the vehicle while under the influence of alcohol, the victim E-driving who was faced with the center line and proceeded in the opposite direction, resulting in the victim's injury requiring medical treatment for about eight weeks. In addition, the Defendant's drinking value, the occurrence of traffic accidents, and the degree of injury to the victim are important.

In 209 and 2010, the Defendant was sentenced to a fine twice due to a violation of the Road Traffic Act (drinking driving), etc. on January 22, 2015, and was sentenced to a punishment for larceny, etc. on September 26, 2015, and committed the instant crime during the period of repeated crimes upon termination of the execution of the sentence.

Until the trial of the case, the injured party has failed to reach an agreement with the injured party, and the injured party is trying to punish the accused significantly.

In addition, various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., which are conditions for sentencing specified in the arguments in the instant case, and the scope of recommended punishment according to the sentencing guidelines established by the Supreme Court sentencing committee (the scope of recommended punishment) shall be the type 1 of general traffic accidents.

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