특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, 40 hours of compliance driving lecture, and 40 hours of community service) is deemed to be too uncomfortable and unfair.
2. Although there are extenuating circumstances, such as the fact that the Defendant was not subject to a sentence, that the Defendant made a confession of the crime and reflects the victim’s depth, and that the victim’s bereaved family members agreed smoothly with the victim, the crime of this case is not easy to commit the crime in light of the fact that the Defendant, while driving a vehicle under the influence of alcohol by 0.142% of the blood alcohol level, was received by the victim walking along the crosswalk and caused his death, and that it is in the previous department, etc., the Defendant’s responsibility is not weak.
In addition, in full view of the defendant's age, health status, family relationship, living environment, circumstances and result of the crime, etc., the sentence of the court below is too uneasible and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited 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, the Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the extent that the penalty is added up the maximum term of the punishment provided for in each crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving)]
1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;
1. Order to attend lectures or order to provide community service, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;