교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The Defendant committed each of the instant crimes during the suspended execution period due to the crime of injury, and the alcohol content in blood was very high as 0.174%, and the victim was also much high.
In addition, the defendant has already been punished once due to drinking driving.
However, the defendant recognizes the facts charged and reflects the facts charged, and does not repeat the crime such as scrapping a vehicle, and he does not want the punishment of the defendant by agreement with the victim.
In addition, the defendant's vehicle is covered by a comprehensive insurance, and the family members and branch members of the defendant want to take the defendant's wife, and the defendant's vehicle was detained for more than two months in this case, and there was an opportunity to repent.
B. A victim is a passenger of a vehicle driven by the defendant, who is aware of the fact that the defendant is driving a drinking, and is negligent in driving the vehicle in the vehicle.
In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of traffic accidents and the selection of fines), Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) (the occupation of drinking and the selection of fines) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Attraction of a workhouse;