특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.
2. Considering the fact that the Defendant committed the instant crime even though he/she was sentenced to a fine and suspended execution for the same crime, and that the injury inflicted upon the Defendant F was not less than that of the victim, the Defendant’s punishment should be strictly imposed. However, the Defendant recognized the Defendant’s crime and committed a prison life for more than 2 months, and agreed upon the Defendant’s and the lower court only with the victim D, G, H, and H for a more than 2 months, and the victims do not want the Defendant’s punishment by mutual consent with the victim F. The victims do not want to be punished for the last 7 years, and there was no history of punishment for the past 7 years, and other various circumstances that serve as the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, the lower court’s punishment is somewhat unreasonable. Therefore, the Defendant and his/her attorney’s allegation of unfair sentencing is reasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in 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 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving); and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act of the suspended execution ( Taking into account the favorable circumstances among the reasons for reversal in the preceding sentence);
1. Order of community service;