교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
A. Article 148-2(2)1 and Article 44(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (amended by Act No. 16037, Jun. 25, 2019; hereinafter the same shall apply); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Article 3(1), 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
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);
1. Determination of a sentence of imprisonment without prison labor for a crime of violation of the Road Traffic Act in relation to the selection of a sentence, and a sentence of imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing according to the sentencing guidelines of the Supreme Court] (the scope of recommendation according to the sentencing guidelines of the Supreme Court] the basic area (the reduction: the reduction of punishment is not possible, driving under alcohol, and driving under influence, April or 1) of the first type of traffic accident (the aggravation of punishment): The revision of the recommended sentence taking into account the minimum applicable sentencing range under the law: one year of imprisonment [the decision of sentence] has the history of being punished for the same kind of crime, such as drunk driving and unlicensed driving
Nevertheless, while driving under an unlicensed driver's license with a very large alcohol concentration of 0.230%, the accident occurred beyond the center line and falling down under the valleys, and the victim, who is the passenger, suffered serious injury.
However, even though the defendant is recognized as committing a crime, the victim who is a passenger on board the vehicle is not subject to punishment for the defendant, and the health condition of the defendant is not good, considering the favorable circumstances.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc., the punishment as ordered.