특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The judgment is based on the records that the defendant was sentenced to a fine or a suspended sentence of imprisonment due to the drinking driving or the refusal of drinking alcohol measurement on three occasions, and the accident of this case occurred from the river north, which is the motorway during the suspended sentence period, and the fact that the blood alcohol concentration is considerably high is disadvantageous to the sentencing.
However, in light of the following facts: (a) the Defendant was detained for almost four months due to the instant crime; (b) the victim’s injury was relatively minor; (c) the victim was compensated for injury; (d) the victims expressed their intent not to be punished by an agreement; (b) six months of imprisonment with prison labor, which became final and conclusive on June 1, 2012 due to a drunk driving; (c) the sentence of two years of suspended execution becomes invalid due to the expiration of the suspended period; and (d) other Defendant’s age, occupation, business difficulties due to the detention of the Defendant, family and social environment; (d) motive, means and consequence of the instant crime; and (e) circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.
Therefore, the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted 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, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime committed;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;