특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The crime of this case committed by the Defendant at a high level of 0.213% alcohol content in the blood alcohol level, resulting in the injury in need of medical treatment for two to four weeks in a normal crosswalk by receiving three victims, who were standing in a crosswalk due to disregarding red signal while driving a car while under the influence of alcohol, and resulting in an injury requiring medical treatment for two to four weeks in a normal crosswalk. The illegality and consequence of the act are not weak.
In addition, considering the fact that the Defendant was sentenced to a fine for the crime of drunk driving in around 2011 and around 2014, while being under the influence of alcohol, and led to the occurrence of human life accidents at once, it is necessary to punish the Defendant with severe punishment corresponding to the criminal liability.
However, the Defendant has committed all the instant crimes, and is in depth repented with the mistake.
In addition, the defendant took a substitute action for the management of the accident immediately after the accident of this case, paid about 8 million won to the victims under the name of criminal agreement separate from the civil damage compensation, and expressed the intention of the crime of death several times due to the victims' finding at the hospital hospitalized.
Accordingly, the defendant agreed with the victims, and the victims came to know of the fact that the defendant was detained in the court after the decision of the court below, and submitted a written application for the second defendant's wife.
Furthermore, the defendant is in a position to support the reference of three children and older (74 years old) while operating the automobile maintenance business, and if the detention of the defendant is prolonged, it is likely that a cooperation contract with the head office will cause a big trouble in the economic activities of the defendant due to termination of the contract.
In addition, it is relatively clear that the relationship between the social support and ties with the defendant is relatively clear, and the defendant has continued from 209.