특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is deemed to be too uneasible and unfair.
2. In light of the following: (a) the Defendant’s blood alcohol level at the time was 0.153%; (b) the Defendant’s blood alcohol level at the time was 0.153%; and (c) the Defendant did not short the distance from his drunk driving; (d) the Defendant shocked the Defendant at the intersection, 100 km/h or above, and her central line, and frighted to the signal signal; (b) the Defendant suffered considerable injury to the Defendant due to the instant accident; and (c) the Defendant’s age, character and conduct, and crime committed the instant case and the reasons for sentencing indicated in the record, including the fact that the risk of the instant accident was unfolded; and (d) the lower court’s sentence appears to be unreasonable, thus, the Prosecutor’s assertion
3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369
Application of Statutes
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020; hereinafter the same shall apply), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Articles 40 and 50 of the former Criminal Act (amended by the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 202) of the same Act) for the ordinary concurrent crimes, and Articles 40 and 50 of the same Act for the crime of violation of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) for each of the types of concurrent crimes selected for imprisonment with prison labor, and Article 62 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with the largest criminal situation