교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The crime of this case is not a crime that causes bodily injury to the victim while driving a vehicle while under the influence of alcohol 0.13% in blood by the defendant while driving the vehicle in the influence of alcohol.
The Defendant had a record of criminal punishment on three occasions due to driving of alcohol prior to the instant crime.
Circumstances favorable to the defendant shall be as follows:
The Defendant led to confession and reflect on the instant crime.
Vehicles driven by the defendant are covered by a comprehensive motor vehicle insurance.
The degree of injury of the victim is not severe, and the victim expressed his/her intention not to be punished at the investigation stage.
The previous conviction of drinking constitutes the case committed seven years before the crime of this case, and the defendant has no criminal record of probation or heavier.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and all the sentencing conditions shown in the previous theories, the punishment sentenced by the lower court is too unreasonable.
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 with merit, and the judgment below is reversed and it is again decided as follows
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the relevant column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(1)1 and Article 44(1) of the Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, with the option of punishment, shall be applicable to the criminal facts.