교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. Although the Defendant had been punished three times due to drinking or driving without a license, the Defendant was not only engaged in drinking or driving without a license, but also incurred injury to the victim by causing traffic accidents, and the Defendant did not appear on one occasion at the trial date of the lower court.
However, the Defendant’s blood alcohol concentration is difficult to be seen as a full driving, and the injury suffered by the victim is insignificant, and her mother was unable to attend the court of the original instance due to her own illness, etc., and thus, it may be considered in light of its circumstances.
In addition, comprehensively taking account of the defendant's age, sex, environment, motive, method, and consequence of the crime, the circumstances after the crime, economic circumstances, equity in similar cases, etc., and all the sentencing conditions shown in the theory of changes, the sentence of the court below is deemed to be undue and unfair.
Therefore, the defendant's improper argument in sentencing is partially accepted.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated 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 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor for a crime of violating the Traffic Act on the selective road traffic;