특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant, while driving a motor vehicle in a situation where it is difficult to drive the motor vehicle in a normal condition due to influence of alcohol, was caused by collision among the damaged vehicles in the signal and thereby causing injury to five victims. At the time, the blood alcohol content of the Defendant was high by 0.163%, and the damaged vehicle was damaged by KRW 3.5 million for repair cost and KRW 5 million for five million.
However, there is no record that the defendant was punished for a crime of the same kind after he was sentenced to a fine due to drinking driving in 2002, and the injury suffered by the victims of the accident in the instant case is relatively minor due to salt, tension, etc. in each of the two weeks medical treatment.
Defendant
There are circumstances that vehicles are covered by comprehensive insurance and support the wife of Vietnam and young children.
In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Article 148-2 (2) 2 and (44) (1) of the Road Traffic Act (the point of driving a sound driving) concerning the crime;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (mutual crimes against death or injury resulting from dangerous driving and serious crimes against G of victims) of the same Act.