특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The Defendant caused a traffic accident due to negligence that the Defendant neglected his/her duty to drive safety while driving alcohol, resulting in an injury to the victims (five persons) (in particular, the victim L suffered from a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c
However, in light of the fact that the defendant acknowledges and reflects the crime, the degree of injury of the other victims except L, the defendant agreed with the other victims at the court below, the defendant reached an agreement with L of the same kind of crime, the defendant has no record of punishment for the same crime, the defendant has a family member to support the defendant, and the above defendant has an opportunity to provide more opportunities once to the defendant by ordering a long time community service and a compliance driving instruction than immediately serving the defendant in the sentence in light of the defendant's history and the contents of the crime of this case, etc., it is judged that it is an effective measure that can achieve both the maintenance of the defendant's home and the prevention of recidivism, and the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and other various circumstances that are conditions for sentencing as shown in the records and arguments of this case are considered to be unfair because the sentence imposed by the court below is too unreasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court.