교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the lower court is too unreasonable.
2. The Defendant has a record of criminal punishment for the same crime.
The Defendant, while driving under the influence of alcohol level 0.137%, caused the instant traffic accident.
In light of the degree of vehicle damage, the shock at the time of the accident seems to have been reasonable.
However, the defendant is able not to repeat the crime with his depth.
The degree of injury of the victims is relatively minor, and the defendant vehicle has agreed with the victims in addition to the comprehensive insurance.
The defendant is aged 62 years of age, and has been living in good faith as a school management officer before being detained in this case, and the defendant's main figures want to take the action against the defendant.
In addition, considering all of the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving while driving a motor vehicle);
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment stipulated on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy punishment).