특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of six months and a fine of two hundred thousand won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one month of imprisonment, a fine of two hundred thousand won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. The instant crime committed by the Defendant, who had been punished for driving under the influence of alcohol more than twice, suffered from an injury requiring treatment between two weeks for the victim by causing a traffic accident while driving under the influence of alcohol, and even though the victim’s vehicle was damaged by causing approximately KRW 2.6 million for repairing expenses, leaving the scene without immediately stopping and taking necessary measures.
The fact that the defendant had been punished for the same kind of crime even before, and the fact that the blood alcohol concentration of the defendant was considerably high at the time of the crime of this case is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized the facts charged and is against the defendant, the damage suffered by the victim is not relatively significant due to traffic accidents, the damage suffered by the victim was most recovered, and the fact that the defendant and the victim agreed smoothly is favorable to the defendant.
In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive of crime, means and consequence of crime, the circumstances after crime, etc., the sentencing of the lower court against the Defendant is unreasonable.
Defendant’s assertion of unreasonable sentencing is justified and prosecutor’s assertion is without merit.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.
On the other hand, the prosecutor's appeal is without merit, but is identical to the defendant's appeal and subject to appeal, and the judgment of the court below is reversed based on the defendant's appeal.
【Grounds for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court.