도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The defendant (e.g., imprisonment with prison labor for six months) is too unreasonable.
B. The lower court’s sentence is too unfilled and unfair.
2. It is recognized that the defendant had a history of punishment for driving under the same kind of drinking alcohol, and the crime of this case was committed without taking necessary measures to cause physical damage to the otobane parked on the side of the side by driving under the influence of alcohol, and that the crime of this case is not good in its nature and criminal condition, and that the defendant's blood alcohol concentration was considerably high at the time.
However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant did not have any previous conviction exceeding the fine; (c) the vehicle driven by the Defendant appears to have been covered by an automobile comprehensive insurance policy; (d) the victim G expressed in the trial that the victim G does not want to be punished against the Defendant; and (e) the Defendant’s age, character and conduct, environment, motive and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
Ultimately, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.
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 following decision is rendered
(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed separately from the disposition of the court, unless the decision of the court below is accepted by the defendant and the decision of the court below is reversed. [In multiple cases, the summary of facts constituting an offense and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited as it is