교통사고처리특례법위반(치상)등
All appeals by the defendant are dismissed.
1. The summary of the reasons for appeal (the first instance court: imprisonment with prison labor for one year, and the second instance court: fine of eight million won) by the court below is too unreasonable.
2. Judgment on the grounds for appeal
A. As to the judgment of the court below of first instance, the defendant recognized the crime of this case and reflected it.
The fact that the defendant stated, the vehicle driven by the defendant has been covered by the comprehensive insurance for office cars, etc. are favorable to the defendant.
However, the crime of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant was under influence of alcohol level 0.186% while driving while under influence of alcohol level 0.186%; (b) the defendant was punished four times due to drinking; and (c) the defendant was revoked due to drinking driving on July 14, 2012; and (d) even though his license was revoked on two occasions in 2014 and 2017, it appears that he was under influence of alcohol level and without a license, and that his compliance consciousness with traffic laws and regulations is not urgent.
In full view of the aforementioned favorable circumstances, including the Defendant’s age, sex, environment, family relation, motive, means, consequence, etc. of the crime, all the sentencing conditions indicated in the arguments and records of the instant case, including the Defendant’s age, sex, family relation, motive, means, and consequence, and the circumstances where the lower court sentenced the lower limit of statutory penalty prescribed in the Road Traffic Act (driving Operation), it is not recognized that the sentence imposed by the lower court is too unreasonable.
B. As to the judgment of the court below of the second instance, the Defendant stated that the instant crime was recognized and reflected, etc. is favorable to the Defendant.
However, the crime of this case is highly likely to be criticized that the defendant whose license was revoked due to drinking is driving without a license; the blood alcohol concentration at the time is 0.131%; and there was a record of punishment three times due to drinking driving even before the case; and the crime of this case is committed.