특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The defendant, even though he had the record of punishment for the same kind of crime, is driving a motor vehicle in a condition of 0.245% alcohol concentration;
The crime is not good because it causes a traffic accident that shocks the victims of crosswalks and causes a harsh result in the death of the victims.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, the Defendant’s vehicle was in violation of depth, and the Defendant’s vehicle was covered by a comprehensive insurance, and partial damage was recovered; (b) the Defendant made efforts to recover damage, such as deposit of KRW 30 million at the lower court’s lower court in the first instance trial, and deposit of KRW 10 million in the first instance trial, which is the victim’s bereaved family; (c) the Defendant has reached a unanimous agreement with the victim’s bereaved family members; (d) the Defendant has no record of being sentenced to suspension of qualification or more severe punishment; (e) the Defendant has no record of being sentenced to suspension of qualification or more; and (e) other circumstances that form the conditions for sentencing specified in the instant case, including the Defendant’s age, character and behavior, environment, family relationship
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are 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, the Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;
1. The Criminal Act among concurrent crimes.