교통사고처리특례법위반(치상)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 two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);
2. In full view of the following factors: (a) the judgment was made; (b) the Defendant’s blood alcohol concentration was high; and (c) the recidivism was committed during the period of the suspension of the execution of imprisonment, etc., which are disadvantageous to the Defendant; (b) the Defendant led the Defendant to commit the instant crime; (c) the Defendant received the written instructions from the victim in the trial; (d) there are some circumstances to consider the details of the crime; and (e) the fact that there was no history of punishment for the same kind of crime in the past; and (c) the sentencing conditions under Article 51 of the Criminal Act
Therefore, the defendant's assertion of unfair sentencing is accepted.
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 decision is rendered after pleading.
[Discied Reasons for the Decision] Facts of crime and summary of evidence recognized by the court below are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018 and enforced March 28, 2019) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Determination of a sentence as ordered by taking into account the various circumstances that were considered prior to the sentencing of Article 62-2 of the Criminal Act, by examining the reasons for sentencing.