(영문) 수원지방법원 2017.01.20 2016노6218 | 리걸엔진

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글꼴

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자간(%)

(영문) 수원지방법원 2017.01.20 2016노6218

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended sentence to eight months of imprisonment) is too unreasonable.

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

2. In light of the fact that the defendant, while driving in a state of 0.180% alcohol concentration in blood, caused a traffic accident by violating the signal and thereby causing injury to the victims, the defendant is not liable for the injury of the victims, and that the defendant has been punished twice due to drinking even before the crime of this case, the defendant needs to be punished corresponding thereto.

However, in full view of all of the circumstances, including the fact that the defendant recognized the crimes of this case, the defendant was against the victim immediately after the accident, the defendant's wife and the victim wanted to leave the front, the defendant did not have any record of criminal punishment since around 2008, and the defendant appears to have been subject to a disciplinary measure for three months of suspension from office due to the crime of this case as an educational official, and the defendant retired from office when he was sentenced to a suspended sentence or a heavier punishment, and other circumstances that form the conditions for sentencing of this case, such as the defendant's age, sex, environment, family relationship, etc., the punishment imposed by the court below is recognized as unfair because the defendant's punishment is somewhat inappropriate, and the defendant and his defense counsel's allegation of the above unfair sentencing is justified, and the prosecutor's allegation of the above unfair sentencing is without merit.

3. In 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 (as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in its order). Criminal facts recognized by the court and the summary of evidence

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