특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of five million won.
The above fines are imposed by the Defendants.
1. Summary of grounds for appeal;
A. A person who caused a traffic accident while driving a vehicle at the time of the accident of mistake of facts is Defendant B.
Nevertheless, at the time of the instant accident, Defendant A was involved in a traffic accident while driving under influence at the time of the instant accident, and Defendant B was not the Defendant A but the person who caused a traffic accident while driving at the time of the instant accident and making a false statement, thereby making it erroneous in the judgment of the court below which found Defendant B to have
B. The sentence imposed by the lower court on the Defendants (Defendant A: 6 months of imprisonment, 2 years of suspended execution, 160 hours of community service, 40 hours of law-abiding driving lecture, 10 months of imprisonment, 2 years of suspended execution, 160 hours of community service, 160 hours of community service) are too unreasonable.
2. Determination
A. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that all of the facts charged in this case was guilty on the basis of the determination of evidence as indicated in the judgment of the court below is just and acceptable, and since the court did not additionally examine evidence in the trial, it does not seem that the court below erred by misunderstanding the facts as pointed out by the defendants, thereby affecting the conclusion of the judgment.
B. As to the assertion on unfair sentencing, in light of the following: (a) Defendant A is an initial offender without any criminal power; (b) Defendant B has no record of punishment in excess of the same criminal power and fine; (c) Defendant B does not have the same criminal power; and (d) the damage caused by the instant accident appears to have been insignificant; and (c) the Defendants were fully compensated for the damage; and (d) the Defendants appear to be in profoundly against the instant accident, the sentence imposed by the lower
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is based on the following reasoning.
In other words,