특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the court below (two years of suspended sentence in the month of imprisonment with prison labor) on the summary of the grounds for appeal is too unfasible and unfair.
2. The judgment is based on some favorable circumstances, such as the fact that the defendant is led to confession and reflect, and that the injured person does not want punishment against the defendant by agreement with the victim.
However, the defendant has already been punished twice due to drinking driving, as well as traffic accidents that prevent the person from committing the crime of drinking and non-licensed driving in this case and inflict an injury on the victim at the same time within the short time after being punished due to drinking driving. In light of the above, since the sentence of the court below is too unfasible and unfair, the prosecutor's argument about the sentencing is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
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 53 and 55 (1) 3 of the Criminal Act for mitigation of a small quantity (see, e.g., Supreme Court Decision 53 and 55 (1) 3);
1. Article 62 (1) of the Criminal Act on the suspended execution ( considered as favorable circumstances in the preceding life);
1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;