특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed. The defendant shall be punished by a fine of 7,000,000 won.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a compliance driving lecture 40 hours) is too unreasonable.
2. The judgment that the Defendant caused the instant traffic accident while driving alcohol and sustained bodily injury to the victim is disadvantageous to the Defendant.
On the other hand, the fact that the defendant repents his wrong and reflects his wrong, there is no history of punishment, and the degree of injury of the victim is relatively minor.
The fact that the defendant's vehicle appears, the fact that the defendant's vehicle is covered by the motor vehicle comprehensive insurance is favorable to the defendant.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s above assertion is reasonable.
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 the defendant's appeal is again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in light of the overall sentencing conditions as examined in the determination of Article 334(2).