교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. Sentencing sentencing on the gist of reasons for appeal
2. The judgment of the Defendant, even though he had the history of being fined due to driving under the influence of alcohol, resulting in the occurrence of a traffic accident by driving without obtaining a license for driving under the instant drinking, and resulting in the injury to two victims. Considering that the Defendant’s blood alcohol concentration reaches 0.148% at the time of the instant accident, the quality of the crime is not light.
However, the Defendant led to the confession of the crime and the mistake in depth, and the degree of injury of the victims caused by the instant accident is relatively minor (the injury requiring two weeks’ medical treatment). In addition, the Defendant agreed with the victim F at the lower court stage, and thereafter, expressed the intent that all victims do not want to be punished, by mutual agreement with the victim D after the lower judgment.
Defendant
Vehicles are covered by liability insurance.
Defendant has no record of criminal punishment, except for the previous offense of a fine, once.
According to the internal rules, etc. of the company where the defendant is in service, the defendant is in danger of being dismissed when a judgment of sentence of imprisonment without prison labor or heavier punishment is final and conclusive.
Considering each of the above circumstances and the defendant's age, sex, career, environment, background and result of the crime, the circumstances after the crime, and all of the sentencing conditions shown in the previous theories, such as the records and changes, the sentence of the court below is too unreasonable.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated 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 3(1) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts.