특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized all of the crimes of this case and reflected in the instant case.
A defendant has no criminal records which exceed the same kind of criminal records or fines.
Defendant's vehicles are covered by comprehensive automobile insurance.
Circumstances unfavorable to the defendant are as follows:
In the instant crime, the Defendant’s blood alcohol concentration is very high to 0.201%.
In the course of the defendant's driving in the center of the central line, the defendant conflict with the other taxi while driving in the opposite line, and the occurrence of the accident that caused the other taxi to a different car, so the risk of drinking driving has been realized.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, the sentence of the lower court, which sentenced the Defendant to a fine, is too unreasonable.
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.