특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In the judgment, the Defendant had been punished for the same kind of crime in addition to each of the instant crimes, and the Defendant committed each of the instant crimes without being aware of the Defendant even though he had the record of being sentenced to suspended execution. Since the cancellation of a driver’s license in around 1998, the Defendant still owned a truck and continues to commit the same kind of crime without holding the truck. Since the cancellation of a driver’s license in around 1998, the blood alcohol concentration was 0.294%, and caused a traffic accident, and the Defendant was on the charge of causing a traffic accident. The Defendant was guilty on September 12, 2016 in that it does not seem to be disadvantageous to the Defendant in that he/she again committed a crime without obtaining a license on November 11, 2016.
On the other hand, the circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case, that the degree of injury of the victims caused by the accident of this case is not relatively much severe, and that the defendant reached an agreement with all the victims of this case when the defendant was in the first instance.
In full view of the various circumstances, including the circumstances added in the trial at the above, as well as the circumstances that form the conditions for sentencing as indicated in this case, such as the defendant's age, sex, environment, family relationship, etc., the sentence imposed by the court below is too unreasonable since it is recognized that the sentence imposed by the defendant is too unreasonable. Thus, the argument of both punishment of the defendant is with merit.
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 judgment below is ruled again as follows.
[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.