특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. Determination is that the Defendant was sentenced to a summary order twice due to a violation of the Road Traffic Act (driving), and in particular, even though six months have not passed since he was ordered to take a summary order on May 12, 2017, he/she again drives a drinking. The instant crime causes a traffic accident that the Defendant, while driving a motor vehicle without a driver's license, inflicts bodily injury on two victims, and the case is not easy. At the time of committing the instant crime, the alcohol concentration in blood was very high to 0.317% at the time of committing the crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant seems to be against the defendant's wrong recognition, the degree of injury suffered by the victims is not serious, the victims have agreed to pay one million won each to the victims at the investigation stage, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance and thus the insurance money is paid to the victims, there is no criminal conviction exceeding the fine, the defendant has been detained for a period of four months and has an opportunity to reflect, and the defendant has supported the baby suffering from severe dementia.
In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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