특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the following circumstances: (a) the victims of the instant accident caused by the instant accident regarding the Defendant’s assertion of unfair sentencing; (b) the victims were injured; (c) the victims were not recovered from damage; and (d) the fact that the Defendant’s blood alcohol concentration level was considerably high at the time of the instant case; (b) the Defendant recognized the Defendant’s crime; (c) the Defendant reflects the mistake; (d) the Defendant deposited part of the money for victims at the lower court; (e) the victim E deposited them in a comprehensive insurance contract; (c) the victim E and the victim were criminal agreement at the lower court; (d) criminal agreement was made in the trial; (e) the victims did not want the Defendant’s punishment; (e) the victims were the first offender who did not have any criminal record; (e) the Defendant was the first offender who did not want to be punished; and (e) the Defendant’s age, character and conduct, health, home environment, the background and result of the crime; and (e) the circumstances before and after the crime, the lower court
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving); and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);
1. The Criminal Act for orders to provide community service and attend lectures;