특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 25,000,000.
The above fine shall not be paid by the defendant.
1. The lower court’s sentence (20,000,000 won) against the Defendant in light of the gist of the grounds for appeal is too unhued and unreasonable.
2. The judgment of the defendant led to the confession of the crime of this case, and appears to have an opportunity to reflect against the defendant's living in custody for about four months at the court below and the court below, and the degree of damage of the victims caused by the crime of this case cannot be deemed to be significant. The victims do not want punishment for the defendant, the defendant does not want to run drinking driving and driving without a license again, the defendant does not have any history of punishment before the crime of this case, and there is no history of punishment for the defendant's imprisonment before the crime of this case, and the defendant is waiting for marriage immediately.
However, the crime of this case was committed by the defendant while driving a car without a driver's license in a situation where it is difficult for him to drive the car at a normal level of 0.162% without a driver's license and caused injury to the victims of traffic accidents. The crime of this case is committed not only by an individual but also by a driver, and the purpose of the revision of the Road Traffic Act needs to be strictly punished. The defendant has been punished for the same crime in the past. In particular, on July 19, 2013, the defendant was sentenced to a two-year suspended sentence of imprisonment for the same crime on the same day on the same day, and the above judgment became final on July 19, 2013. Although the defendant was sentenced to a fine for the violation of the Road Traffic Act (unlicensed driving) committed during the suspended sentence period, the defendant does not have been able to do so, and even without being able to do so, the defendant's age, character and behavior, and family relationship after the crime of this case.