특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (10 months of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court is too uneasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant, while driving a motor vehicle on the motorway in a state of drinking, led to an accident involving the vehicle in which he/she was faced with the said accident, has considerably shocked, and again, caused the accident involving another vehicle in the vicinity of the said accident, and the 3rd cost of the other vehicle in the vicinity of the said shock. The victim who was injured due to the said series of accidents has reached 10 persons, and one of the victims aboard the taxi was relatively serious injury, and there was a considerable traffic obstacle near the site of the accident in consideration of the circumstances that the Defendant would be refusing to comply with a transport police officer’s repeated demand for a alcohol test that was dispatched to the scene of the accident. The crime of this case is very bad.
In addition, the defendant has been punished twice due to drinking driving.
However, the defendant led to the confession of and reflect on the crime of this case, and the injury of the victims except for the one victim is not serious, and the compensation for damage was paid to the victims of this case under the comprehensive automobile insurance purchased by the defendant driving vehicle, and the court below agreed with four victims including the victims who suffered relatively serious injury among the victims of this case, and the above four victims submitted a written application for no punishment that they do not want criminal punishment of the defendant. At the court below, the defendant paid five million won to S.