교통사고처리특례법위반(치상)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for six months;
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The judgment of this case is recognized that the defendant was negligent in failing to fulfill his duty of care while driving under influence, resulting in injury to two victims for about two weeks. The nature of the crime is bad, the defendant had already been punished three times, including a suspended sentence due to drinking driving, and there was a criminal record of having been sentenced to a total of four times of fines due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and in particular, the crime of this case was committed during the suspended sentence of ten years, which became final and conclusive on September 22, 2017, and was sentenced to a suspended sentence of three years.
However, it is recognized that the defendant's recognition of the crime of this case and reflects against the defendant, that both the defendant and two victims agree, that the vehicle driven by the defendant is covered by a comprehensive insurance, that it is difficult to use the defendant's economic form, that there is no penalty, that there is no penalty, and that there is no penalty, if the sentence is finalized in this case, the defendant should additionally serve ten months of imprisonment under the suspended execution, that the blood alcohol concentration in this case is not very high to 0.076%, and that the defendant's wife want to leave the ship.
In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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