교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months of imprisonment) of the lower court is too unreasonable;
2. In light of the fact that the Defendant was under criminal punishment several times due to driving without a license or driving without alcohol, and in particular, the Defendant should be strictly punished, considering the fact that the Defendant committed the instant crime during the period of repeated crime, the Road Traffic Act was amended, and the punishment for driving under the influence of alcohol was strengthened, and the Defendant caused a traffic accident while driving without a license while under the influence of alcohol and causing injury to the victim.
However, considering the fact that the vehicle operated by the defendant is covered by a comprehensive insurance, that the victim is seeking the wife of the defendant by mutual consent with the victim in the trial, that the defendant supports the aged 94, and the age, character and behavior, career, environment of the defendant, the circumstances and results of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, the sentence of 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, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, 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) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) and 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. The crimes under Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of running sound); and