특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The defendant's appeal is dismissed.
1. As to the Defendant’s assertion of unfair sentencing, the following should be taken into account: (a) the Defendant’s attempt to commit the instant crime and reflects the Defendant’s mistake; (b) the Defendant’s attempted to take the Defendant’s wife against the Defendant; (c) the Defendant did not impose any damage on the Defendant due to the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (d) the Defendant did not have any criminal record exceeding the fine; (b) the lower court appears to have sufficiently taken into account such favorable circumstances in sentencing; (c) there is no change in the circumstance that the lower court would reduce the sentence again at the trial; (d) the instant crime committed by the Defendant, under the influence of alcohol without a license, has caused a traffic accident by occupational negligence, such as violating the mandatory insurance, and caused the injury to the victims; (d) the Defendant’s refusal of the official document by presenting another person’s identification card; and (e) the nature and circumstances of the relevant crime and the Defendant’s injury to the Defendant’s victim C, E and the Defendant’s efforts to recover the damage therefrom; (e and circumstances before and the Defendant’s age of the instant crime.
2. As such, the defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. However, in the application of the law of the court below as stated in the judgment below, the "each choice of imprisonment" in Part 8 of the judgment below is a clerical error in the imprisonment without prison labor for the crime of violation of the Road Traffic Act and for the remaining crimes except the above crimes.