특정범죄가중처벌등에관한법률위반(위험운전치상)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 this judgment became final and conclusive.
1. The summary of the grounds for appeal (hereinafter referred to as 10,000,000 won of fine) declared by the court below is too unhued and unreasonable.
2. The legislators amended the Road Traffic Act on December 24, 2018, which took into account the social damage caused by drunk driving, the gravity of the offense, etc., and subsequently, the Road Traffic Act was amended on December 24, 2018. In this case, if a traffic accident occurs during drunk driving and the risk thereof is realized, it is necessary to strictly punish the Defendant.
Considering the circumstances that are favorable to the defendant (the fact that the defendant recognized his responsibility due to the instant crime, the fact that the defendant is deemed to have paid the indemnity to the victims, the first offender, the first offender), the unfavorable condition (the blood alcohol concentration at the time of the instant crime, the defendant was extremely high, the circumstances leading up to the occurrence of the accident, and his body was not accurately known to the extent that his body could not be properly accumulated, the defendant is highly likely to cause a traffic accident that leads to two pedestrians due to the previous negligence of driving the Ortotobb in India while under the influence of alcohol at night, it is difficult to view that the shock that the defendant caused the traffic accident that leads to two pedestrians at night, the impact that the victim passed beyond the breabbb was minor, the victim's age, environment, background of the instant crime, driving distance, the part and degree of the injury, and the circumstances after the crime, etc., the sentence of the court below is too unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the reasoning of the judgment below.