특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (one year of imprisonment) is too unreasonable.
2. Despite the fact that the Defendant had a history of criminal punishment for drinking or non-licensed driving (including suspension of execution) on several occasions, the Defendant’s act of causing a traffic accident involving a person while driving alcohol while under the influence of alcohol with 0.190% alcohol concentration during his/her clibing is not good.
However, in full view of various circumstances, including drinking and driving without a license, a period of five years after the last criminal punishment, the defendant's age, sex, environment, family relationship, etc., the sentence imposed by the court below is somewhat unreasonable, and thus, it is recognized that the defendant's punishment imposed by the court below is somewhat unreasonable, in light of the following circumstances: (a) the defendant and his defense counsel have an opportunity to reflect on the defendant's life through detention for about three months after being detained in court at the time of sentencing; (b) the defendant deposited KRW 1 million to the victim during the trial process of the court below; and (c) the defendant was subject to criminal punishment several times due to drinking and driving without license; (d) the defendant was subject to criminal punishment several times after the last criminal punishment; and (e) the defendant's age, sex, environment, family relationship, circumstances after the crime, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns 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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act shall apply, respectively;