beta
(영문) 서울중앙지방법원 2017.06.22 2016노5357

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The court below sentenced the defendant to a fine of KRW 10 million.

The defendant is too heavy to the court below's punishment;

On the other hand, the prosecutor asserts that the sentence of the court below is too minor.

Judgment

In that the defendant, while driving under the influence of alcohol 0.192% in blood, sustained each injury to the driver and passengers of the damaged vehicle while driving the damaged vehicle in the signal waiting, and driving the vehicle in the signal waiting, and thereby causing the injury to the driver and passengers.

In addition, it is unfavorable that the Defendant re-offending the Defendant in a short period despite the fact that he had been punished by a fine of KRW 3 million due to driving under drinking in 2015 (Evidence 35 pages). However, in full view of the following: (a) the Defendant’s mistake is against himself; (b) the Defendant’s vehicle is purchasing an automobile comprehensive insurance policy (Evidence 31 page); (c) the victims’ injury is relatively minor as an injury requiring two weeks medical treatment; (d) the Defendant agreed with the victims at the lower court, and the victims are taking the Defendant’s wife (the trial record 31-34 pages); and (e) other various sentencing conditions such as the Defendant’s character and conduct, environment, and circumstances after committing the crime, etc., the lower court’s punishment is determined within the scope of the sentencing discretion; and (b) it cannot be said that it is too heavy or unreasonable.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.