특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment, two years of suspended sentence, 40 hours of order to attend a community service order, 160 hours of community service order) is too unfluent and unreasonable.
2. The fact that the degree of the instant accident and the degree of injury of the victims are not much serious, and that the Defendant’s vehicle could be seen as being engaged in the insurance process through the rental car mutual aid to which the Defendant’s vehicle was subscribed is more favorable.
However, it is unfair that the circumstances after the pronouncement of the judgment below are extremely poor, such as the following: (a) the Defendant, while driving a motor vehicle under drinking and leaving the scene without taking any measures to shock the damaged vehicle in the opposite direction; (b) the alcohol concentration at the time of the accident was considerably high by 0.180%; (c) the vehicle damaged by blood was destroyed at the time of the accident, and the vehicle damaged was scattered on the road; (d) there was a risk of additional damage in the course of spreading the damaged vehicle into the road; (b) the records of the same crime during the accident (two times of drinking and non-license without license) of the Defendant; (c) the Defendant did not reach an agreement with the victims; (d) the Defendant was absent on the trial date even after being directly served with the notice of receipt of the record of trial and the summons of the Defendant, etc.; and (e) the Defendant, even after being served
In full view of the aforementioned circumstances, Defendant’s age, sex, environment, motive and background of the crime, and all the conditions of sentencing as shown in the instant records and arguments, the lower court’s punishment is deemed unfair and unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
【Grounds for the Judgment of the Court in other words] Criminal facts and summary of evidence are identical to the relevant column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.