특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of the grounds for appeal and the sentencing (two years and two months of imprisonment with prison labor for the original instance);
2. In the judgment, the risk of crime was very high in relation to the traffic accident caused by the driving of the instant drinking alcohol, the blood alcohol level was high, the victim G-type test did not receive until the judgment was made, and the same criminal record was accumulated in relation to driving of drinking and driving without a license, and in particular, the recidivism during the period of probation of imprisonment for the same crime is disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of each of the crimes in this case, the fact that the defendant received a written test from the victim I, the defendant's health condition is not good, and the fact that it is not good for the economic situation as a recipient of basic living assistance (other than a bipolartic disorder). In addition, the amount of punishment imposed by the court below is too unreasonable in full view of the sentencing conditions prescribed in Article 51 of the Criminal Act.
Therefore, we accept the defendant's unfair argument in sentencing.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is reversed in accordance with the reasoning of the judgment below as follows.
[Grounds for the new judgment] Criminal facts and the summary of evidence recognized by the court below are as stated in the corresponding column of the court below (Article 369 of the Criminal Procedure Act). Application of the Act and subordinate statutes
1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1 and 43 of the Road Traffic Act (amended by Act No. 16922 of Feb. 4, 2020), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 151 of the Road Traffic Act, Articles 148 and 54(1) of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), each of the Guarantee of Automobile Compensation.