특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, three years of suspended execution, and 320 hours of community service order) is too unreasonable.
2. The crime of this case is highly serious in the course of occupational negligence in that the defendant, while driving a vehicle under the mandatory insurance while under the influence of alcohol, reported the center line to the defendant's vehicle, and parked the vehicle operated by the victim G while driving the vehicle by the victim G while driving the vehicle under the influence of alcohol, and caused an accident by getting the center line under the influence of alcohol without taking measures such as providing rescue to the victim G and I for each two weeks medical treatment while driving the vehicle, and immediately stopping the damaged vehicle, and causing an accident while driving the vehicle without taking measures such as providing rescue to the damaged person. The crime of this case is highly serious in the course of occupational negligence. The defendant's blood alcohol concentration at the time of driving under the influence of alcohol is higher than 0.154%; the repair cost of the damaged vehicle is not less than 7,518,00 won; the defendant's driving under the influence of alcohol and eradicating it to the police officer's degree of damage; and the defendant's awareness that there is a high possibility that the defendant might immediately be any traffic accident.
However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant appeared to have committed the crime of this case when the defendant was in the trial, that the defendant was the first offender, that the victim's injury was not severe, that the defendant deposited KRW 6 million for the victim G, and that the defendant deposited KRW 1.5 million for the victim I, and that the victims do not want the punishment of the defendant, and that the victims do not want the punishment of the defendant, the punishment of the court below is somewhat unreasonable.