특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (one hundred months of imprisonment) is too unreasonable.
2. The judgment that the defendant had been punished several times due to the crime of violating the Road Traffic Act (drinking) is disadvantageous to the defendant, but the defendant led to the confession of the crime of this case, the defendant agreed that the defendant was the victim of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (dggravated injury and injury caused by danger), and the victim submitted a written application to the effect that the defendant was the defendant's wife, taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, environment, sex, motive for the crime, and circumstances before and after the crime, the sentence imposed by the court below is deemed unfair, and thus, the defendant's argument about the sentencing of the defendant is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving, the choice of imprisonment with prison labor, etc.);
1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to the crimes specified for the violation of Road Traffic Act (or drinking), and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier];
1. Article 53 of the Criminal Act for mitigation of amount;