특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The circumstances favorable to the Defendant include: (a) the Defendant’s depth reflects the instant crime; (b) the victim’s injury is not relatively heavy; and (c) the victim does not want punishment in agreement with the victim; and (d) the social relationship is obvious.
However, despite the fact that the defendant was sentenced to punishment several times due to the crime of drinking driving, he again committed each of the crimes in this case, and the driving of drinking is a crime that may cause great harm to unspecified persons, and the risk of causing an injury to the victim by causing a traffic accident while driving alcohol, and thus, is realized. In full view of all the circumstances that include the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.