특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. The Defendant appears to have suffered relatively minor injuries to the victim and agreed with the victim.
However, the Defendant caused a traffic accident while driving without a license in a state of 0.226% alcohol concentration in blood, resulting in personal damage, and was punished once due to drinking and non-licensed driving, respectively.
In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.