특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (one year of imprisonment and three years of suspended execution, probation, and 40 hours of order to attend a course) of the lower court is too unfunied and unreasonable;
2. Determination is the circumstances favorable to the defendant that the defendant recognized the crime and reflects the fact that the defendant is committing the crime, that the degree of the victim's injury is not serious, that the defendant scrapped his/her vehicle in his/her idea of not driving in the future, and that the defendant has no record of being sentenced to the fine exceeding the fine due to drinking driving.
However, the accident of this case is a case where a defendant in the state of revocation of a driver's license obtained a victim's vehicle before driving a cargo vehicle while driving the vehicle under the influence of 0.232% of blood alcohol concentration, and caused an injury to the victim. This case cannot be deemed that the above crime is light in light of the circumstance of the crime, blood alcohol concentration, damage level of the victim's vehicle, etc., the defendant has considerable history of being punished due to drinking driving or driving without license, and in 2008 and 209, he again had the history of being punished due to suspended sentence for driving without license in 2011, and was sentenced to a fine without license in 201 and was sentenced to a fine in 2012, and again committed the crime of this case during the trial due to other refusal of drinking alcohol measurement: The possibility of re-offending is not high in light of the motive and consequence of the crime of this case including the victim's minor punishment against the defendant; the defendant's motive and consequence of the crime of this case; the basic sentencing guidelines of traffic accident after being sentenced to 16 months.