특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The judgment of the court below is not less than the liability for the crime of this case, such as the occurrence of an accident while driving a motor vehicle while drinking again in spite of the fact that the defendant had already been punished twice due to drinking, but the responsibility for the crime of this case, such as the death of the victim, etc. However, considering the various circumstances, including the fact that the defendant is in a profound proportion to the crime of this case, the victim was the mother of the motor vehicle living together with the defendant's friendship, the fact that the bereaved family and the bereaved family are not subject to the punishment of the defendant, the fact that social relation is clear, and other circumstances, including the defendant's age, character, character, environment, family relationship, criminal record relationship, circumstances after the crime, and motive and circumstance of the crime, the defendant's argument is somewhat unreasonable, and therefore, the defendant's argument is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Aggravation of concurrent crimes among concurrent crimes (However, the lowest limit is set for the violation of the Road Traffic Act, within the scope of adding up the maximum period of two crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), which is heavier than the punishment, to the punishment;