특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. There are extenuating circumstances, such as the fact that the accused acknowledges and reflects the crime, that the victim's injury is not serious, that the defendant agreed with the victim, that the defendant's previous conviction prior to the driving of drinking and non-licenseing is about 10 years, and that the defendant has no previous conviction.
However, in full view of the various circumstances, including the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the crime, etc., the sentence of the lower court is too unreasonable, as it is too unreasonable, considering the following: (a) the Defendant was sentenced to a fine three-time suspension of execution due to drinking driving; (b) the Defendant’s negligence of neglecting his/her duty of safety driving while driving alcohol; (c) the Defendant was inflicted an injury on the victim by taking advantage of the damaged vehicle in the front bank; and (d) the Defendant’s blood alcohol concentration level at the time was higher than 0.107%; and (d) the Defendant’s age, environment, sex behavior, and circumstances before and after the commission of the crime, etc.
Meanwhile, the Defendant sought a reduction or exemption of community service hours and class hours, but in light of the Defendant’s past record and the content of the instant crime, etc., it is necessary for the Defendant to inspire compliance consciousness and prevent recidivism through his/her participation in compliance driving lectures, and have the opportunity to reflect his/her behavior and recover social responsibility through community service. As such, there is room for a 80-hour community service order and the lecture participation in compliance driving for 40-hours to a certain extent that it does not interfere with the Defendant’s living, but there is no special circumstance for reduction or exemption.
3. If so, the defendant's appeal is to be raised.