특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In full view of the circumstances unfavorable to the defendant, such as the fact that the defendant was punished four times or more for drinking driving, and the fact that the defendant caused a traffic accident while driving a drinking alcohol, and the fact that the blood alcohol concentration of this case is high, etc., which are unfavorable to the defendant, or the fact that the defendant recognized the crime and committed a crime for more than two months, and that the victims do not want the punishment against the defendant, the victims do not want to have a sentence of imprisonment without prison labor or heavier punishment, the defendant did not have any record of being sentenced to imprisonment without prison labor or heavier punishment, and other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is somewhat somewhat unreasonable, and thus, the defendant and his defense counsel'
3. In conclusion, the judgment 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 following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of a sound driving) concerning the facts constituting the crime, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;
1. Articles 40 and 50 (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Violation of the Road Traffic Act and the violation of the Road Traffic Act) of the ordinary concurrent crimes;
1. Selection of each sentence of imprisonment;