특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. Determination is that the defendant recognized the crime and reflects the fact that there was no record of imprisonment with prison labor prior to the instant case, that the vehicle driven by the defendant was covered by the motor vehicle comprehensive insurance, and thus the damage compensation through the insurance was made or seems to have been made, and that the degree of injury of the victim was not excessive, is favorable to the defendant.
On the other hand, even if the Defendant had been punished twice by a fine due to driving of drinking prior to the instant case, driving of a vehicle again, causing a traffic accident due to driving of the instant drinking, and the Defendant’s blood alcohol concentration at the time of the instant case was very high to 0.198%, is disadvantageous.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.