교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The crime of this case is considered to be disadvantageous to the defendant, such as the fact that the defendant was not guilty of causing bodily injury to the victim of a traffic accident due to drinking driving, that the defendant had been punished twice due to drinking driving, and that the defendant committed the crime of this case during the period of probation.
On the other hand, the fact that the defendant is against his wrong recognition, that the alcohol concentration of the defendant's blood is relatively high, that the degree of injury to the victim is not relatively heavy, that the defendant's vehicle was covered by the comprehensive automobile insurance, that the defendant's vehicle was in the heart of the party, that the defendant reached an agreement with the victim, and that the defendant did not repeat the crime by disposing of the vehicle, etc. is favorable to the defendant.
In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the court below is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
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, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Code, and Article 38.