특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. In light of various sentencing conditions, including the following: (a) the summary of the grounds for appeal (unfair sentencing); (b) the fact that there is an agreement with the victim; and (c) the fact that the management of the company is significantly interrupted due to the reduction of the number of the defendant, the sentence of one year imprisonment with labor, which the court below decided against the defendant, is too unreasonable.
2. The lower court, based on the following facts: (a) the Defendant: (i) was in favor of the Defendant; (b) was subscribed to a comprehensive insurance; (c) was agreed with the victim; (d) was sentenced to a suspended sentence of imprisonment due to the crime of escape after having been injured by occupational negligence on August 19, 2015; and (e) was committed with respect to each of the crimes listed in the judgment of the lower court without being aware of the period of the suspended sentence; (b) again, the Defendant committed the instant crime (the lower court stated to the effect that the Defendant did not have a driver’s license at the time of driving under the influence of alcohol, but it appears to be erroneous) and the victim’s injury was very heavy.
In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.
In the end, the defendant's argument of sentencing is not acceptable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.