특정범죄가중처벌등에관한법률위반(위험운전치사)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (seven years of imprisonment) is too unreasonable.
2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the opinion of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said sentence.
The circumstances cited by the defendant on the grounds of appeal are elements that have already been determined by the court below as well as sufficiently taken into account, and there is no circumstance that can be specially considered in the trial of the party, and there is no change in the conditions of sentencing.
Specifically, there is no record that the defendant recognized all of his mistakes, reflects the fact, and is punished by imprisonment with labor in the past.
As a comprehensive insurance policy has been purchased on a vehicle operated by the defendant, insurance money was paid to the victims.
However, there is a big social harm caused by traffic accidents that occur during drinking driving, which is a crime that causes serious damage not only to himself/herself but also to others, and there is a need to strictly punish him/her.
In addition, social consensus on this has been sufficiently formed, and specific crimes on December 18, 2018 are specified.