특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. In light of the fact that the Defendant, while driving a motor vehicle in a state where it is difficult for the Defendant to drive the motor vehicle in a normal condition under the influence of alcohol, caused injury to the victim by breaking the center line and causing the traffic accident, and the nature of the crime is not very good, strict punishment against the Defendant is required.
However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is justified.
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 with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the 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. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;
1. The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) for concurrent crimes: Provided, That it shall be aggravated;