교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (a fine of six million won) declared by the court below is too unhued and unreasonable.
2. The defendant has no record of being punished for the same kind of crime in addition to those subject to a fine due to a drunk driving around 2007.
The defendant seems to have reached an agreement with the victim C of the traffic accident in this court.
These circumstances are favorable to the defendant.
However, in this case, the defendant driving a vehicle with a blood alcohol concentration of 0.139% and caused a traffic accident by causing the violation of signal, and the vehicle of the victims was damaged to a considerable extent due to the above traffic accident, and two victims suffered an injury necessary for the treatment of each three weeks, the nature of the crime and the circumstances are heavy.
There is still no agreement with victims E.
Although the defendant had been punished for drinking driving in the past, he also committed a crime of drinking driving in the past.
In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and pleadings of this case, such as the defendant's age, health status, economic situation, motive of the crime, and circumstances before and after the crime, the punishment sentenced by the court below is deemed to be too uneasible and unfair.
3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), Article 3 (2) (proviso) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Article 40 of the Criminal Act of the Commercial Competition.