특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too unreasonable.
2. Determination is an unfavorable circumstance, such as the fact that the Defendant committed the instant crime despite the history of punishment for the same kind of crime, and the blood alcohol concentration is considerably high by 0.180%, and the Defendant was not able to receive a letter from the victim.
However, in full view of all the sentencing conditions indicated in the records and arguments in the instant case, including the fact that the Defendant has a depth of his mistake and reflected, the fact that there is a family member in need of support for the Defendant, the injury suffered by the victim is relatively heavy, and the Defendant’s age, character and conduct, the circumstances of the crime, the speed of operation and the distance of operation of the electric kickboard, etc. driven by the Defendant, the sentence of the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Judgment in Dao-written] Criminal facts and the summary of evidence acknowledged by this court are as follows: The summary of evidence in the judgment of the court below, except that “a photograph by cutting off CCTV images around the scene of the accident” as “a photograph by cutting off CCTV images in neighboring buildings at the scene of the accident” is the same as the corresponding column of the judgment of the court below; thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.