특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.
2. The fact that the Defendant’s drinking water is relatively high, and that the Defendant’s operation was not insured and thus no recovery from damage was made constitutes an element of sentencing unfavorable to the Defendant.
However, in light of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant appears to have committed the instant crime; (c) the damage of traffic accidents is relatively minor; (d) the Defendant has no ability to pay a fine due to economic circumstances as North Korean defectors; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) the motive, means and consequence of the instant crime; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc.,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts and evidence recognized 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
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 151 of the Road Traffic Act concerning the crime;
1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license), the punishment provided for the crimes of violation of the Road Traffic Act with heavy punishment, the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes of death or injury caused by dangerous driving and the crimes of violation of the Road Traffic Act), and the punishment heavier