특정범죄가중처벌등에관한법률위반(위험운전치상)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 decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The judgment of the court below is an unfavorable circumstance to the defendant for the following reasons: (a) the crime of this case was committed under the influence of alcohol by the defendant while driving while making it difficult for him to drive in a normal condition; (b) the nature of the crime of this case was not weak; (c) the defendant was punished for driving under the influence of alcohol; and (d) the defendant committed the crime of this case
On the other hand, the fact that the defendant is against the defendant's wrong recognition, the fact that the defendant's vehicle was covered by the comprehensive automobile insurance, and the defendant's agreement with the victim that the injured party wants to find the defendant's wife, etc. are favorable to the defendant.
In full view of the above circumstances and the sentencing conditions stated in the records, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence sentenced by the court below is deemed unfair.
Therefore, the defendant's above assertion is justified.
3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 (Bodily Injury resulting from Dangerous Driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines for the crime;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.