도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) that the court below sentenced is too unreasonable.
2. The crime of this case was committed by the Defendant while driving a car while under the influence of alcohol of 0.094% and caused the collision between the victim D and other vehicles by shocking the cargo vehicle behind the above cargo vehicle, and thereby causing the victim D with the injury of 2 weeks and 7 weeks per annum. In light of the content of the crime and the degree of damage, it is necessary to punish the Defendant with strict punishment in consideration of the following: (a) the crime was committed; (b) the fact that the nature of the crime is very heavy; and (c) the damage to the victim H is not recovered properly.
On the other hand, however, there are extenuating circumstances to consider the defendant's negligence in the confession of the crime of this case; the accident of this case is caused by the victim D's negligence committed by the defendant's negligence and the center line; the victim expressed his intention that the defendant does not want to punish the defendant; the defendant deposited KRW 3 million for the victim H; the vehicle driven by the defendant is covered by a comprehensive motor vehicle insurance; and the defendant has no record of criminal punishment; and there are extenuating circumstances to consider the defendant favorable to the defendant. Thus, considering all of the sentencing conditions of this case's argument, such as the above circumstances and other conditions of the defendant's age, character and behavior, family environment, etc., the punishment of the court below is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. As such, the defendant'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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below.