특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. In full view of the following circumstances: (a) the instant crime committed under the influence of alcohol by the Defendant causing an accident while driving under the influence of alcohol; (b) causing an injury to one another; (c) causing an serious injury to one another; (d) the fact that the Defendant was punished for the same kind of crime; (c) the Defendant was detained for about three months; (d) the vehicle involved in the instant accident is covered by a comprehensive motor vehicle insurance; (e) the vehicle involved in the accident is covered by the victim and his/her bereaved family members; and (e) the agreement is reached with the victim and his/her death; and (e) the sentence imposed by the lower court is somewhat unreasonable; and (e) the Defendant and his/her 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 on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;