특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. The judgment of this case is that the defendant caused a traffic accident while driving in the state of 0.272% of blood alcohol concentration and caused the death of the victim. The fact that the crime is heavy, etc. is disadvantageous to the defendant; however, the defendant recognized the crime and committed the crime for four months and agreed that the victim's bereaved family members and bereaved family members were living in custody; the vehicle of this case is covered by a comprehensive insurance; the defendant is a first offender with no criminal history of punishment; the defendant is deemed to have been deaf and had lived in good faith before the crime; the defendant's age, character, environment, family relationship, circumstances after the crime, etc. are considered to be somewhat unreasonable. Thus, the defendant and his defense counsel's allegation of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted 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, the Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;
1. Article 62 (1) of the Criminal Act of the suspended execution ( Taking into account the favorable circumstances among the reasons for reversal in the preceding sentence);
1. Social service order under Article 62-2 of the Criminal Act;