특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (two years of the suspended sentence of imprisonment for eight months, the observation of protection, the community service order 120 hours, and the lecture attendance order for compliance driving 40 hours) imposed by the court below is too uneasible and unreasonable.
2. The judgment is based on the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant made a confession of the instant crime; (c) the Defendant paid hospital treatment expenses for the victim’s vehicle insurance in the vehicle insurance operated by the Defendant; (d) the Defendant deposited 6 million won in the name of a criminal agreement for the victim; and (e) the health of the victim appears to have been considerably recovered.
However, the instant traffic accident, however, was punished twice as a suspension of execution due to the Defendant’s act of driving under a severe drinking condition of 0.20% alcohol concentration in blood without a driver’s license, and as a result, the Defendant was not subject to an agreement with the victim until now, and the victim still seems to have been punished. The Defendant was punished as a suspension of execution due to the Defendant’s act of violating the Road Traffic Act (unlicensed Driving) around November 21, 201 and the Road Traffic Act (unlicensed Driving) in 201, and the Defendant was punished twice as a fine due to the Defendant’s act of violating the Road Traffic Act (unlicensed Driving) around November 21, 201, and there was a high need to punish the Defendant for committing a crime of violating the Road Traffic Act (i.e., a traffic offence) and the Road Driving Act (i., a traffic offence after an accident), and (ii) a violation of the Road Driving Act (i.e., a fine of 500 thousand won).
In addition to the above circumstances, the Defendant’s age, sex, environment, motive and background leading up to the instant crime, its means and consequence, circumstances after the instant crime, and all the sentencing conditions indicated in the instant records and arguments, such as criminal records, shall be considered.