특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for six months;
3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The judgment of the defendant has been punished several times for the same crime, and the crime of this case was committed in a state of under the influence of alcohol to the extent that the defendant would make it difficult for him to drive normally, resulting in injury to the victims by driving a cargo vehicle and refusing a police officer to take a drinking test without justifiable grounds. However, although the defendant did not have any record of punishment exceeding a fine due to the same crime, the defendant does not have any record of punishment, and recognizes the crime of this case, and reflects his mistake in depth, and the degree of injury suffered by the victims is relatively excessive, and the defendant did not reach an agreement with the victims at the time of the trial, and all other circumstances, including the defendant's age, character and behavior, environment, family relationship, conditions after the crime, etc., which are conditions for the sentencing of this case are considered unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the refusal of the measurement of alcoholic beverages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);
1. The Criminal Act, the suspension of execution;