특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
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 sentencing (the suspended sentence of KRW 10,000,000) is too unreasonable.
2. Considering that the statutory punishment for the drinking crime has been continuously aggravated due to the favorable circumstances, serious social harm caused by the driving of alcohol, and changes in the legal sentiment of the general public, the fact that the Defendant recognized the instant crime, that the Defendant is the primary offender, that the degree of injury inflicted by the victim of the instant traffic accident is relatively heavy, etc., the crime of driving alcohol is in need of strict punishment, and that the Defendant continued driving of the instant vehicle without being aware of other vehicles parked before the instant traffic accident and without taking any measures, and causes the instant traffic accident, the fact that there is a high possibility of criticism, considering the fact that the Defendant continued driving of the instant vehicle without being aware of it at all other vehicles parked before the instant traffic accident, and caused the instant traffic accident (the lower court considered as one of the grounds for sentencing of suspended sentence, which could be considered in the course of driving alcohol, but the Defendant was driving the instant vehicle after approximately seven hours after the final drinking.
In light of the fact that there seems to have been no physical or mental condition to drive a vehicle at all, and that there seems to have been no special circumstances that the defendant would have to drive a vehicle at the time, etc., it is difficult to consider the circumstance in which the defendant was to drive a vehicle at the time in favor of the defendant). In full view of the circumstances leading up to the instant crime, the circumstances after the commission of the crime, the defendant's age, sexual behavior, environment, etc., the court below's punishment is deemed unfair and unfair, and the prosecutor's assertion is reasonable.
3. As such, the prosecutor’s appeal is with merit. Thus, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again made after pleading as follows.