교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. It is recognized that the judgment of the defendant recognized the facts charged and reflects the facts charged, the traffic accident victim is not punishable by the defendant, and there is no criminal record in addition to the fine.
However, even though the Defendant had been punished for driving under drinking in 2007, the Defendant, while driving under the influence of alcohol, caused the instant traffic accident while driving under the influence of alcohol. The Defendant suffered a relatively heavy injury from the said accident to four weeks prior to the said accident, such as cutting the bones of the bones, etc. In addition, the Defendant had been punished for traffic-related crimes over three occasions, including the previous offense of 2007.
In full view of the above circumstances and other factors of sentencing as indicated in the records, such as the character, conduct, occupation, environment, circumstances leading to the crime, and circumstances after the crime, the sentence of the court below is unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of facts and evidence recognized by this court is identical to the corresponding column of the judgment of the court 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) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, to the extent that the punishment is aggregated with the term of the above two crimes as provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment shall be aggravated: Provided, That the lower limit shall be that of the punishment as provided for the crime of violating