교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a compliance driving lecture 40 hours) is too unreasonable.
2. The judgment that the Defendant caused the instant traffic accident while driving alcohol, even though he/she had a history of punishment for one time due to drinking, and that he/she sustained injury to two victims is disadvantageous to the Defendant.
On the other hand, the fact that the defendant repents and reflects his mistake, there is no history of punishment exceeding the fine, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the degree of injury of the victims is relatively minor.
The victims appear to have expressed their intention not to have the defendant punished at the investigation stage, etc. are favorable to the defendant.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s above assertion is reasonable.
3. As such, the defendant's appeal is with merit, and 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 again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.