특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 12 million) is too unreasonable.
2. Determination is recognized that the Defendant again committed the same crime despite the past record of punishment for driving alcohol in the past, and that the Defendant’s blood alcohol concentration is 0.167% and its numerical value is high.
However, in full view of the following: (a) the Defendant led to the instant crime; (b) the victim’s injury is relatively minor; (c) the Defendant subscribed to an automobile comprehensive insurance policy; (d) the Defendant agreed with the victims in the first instance trial; and (e) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (e) all the sentencing conditions stated in the instant argument, such as the circumstances after the commission of the crime, are somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against C with heavier punishment);
1. Selection of each alternative fine for punishment;
1. Aggravation of concurrent crimes (to the extent that the total amount of the crimes above is added up) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.