특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years of imprisonment, three years of suspended sentence, and community service order, etc.) is too uneasy and unreasonable.
2. The judgment of the defendant recognized the crime of this case and reflects the mistake, the degree of injury suffered by the victims due to the traffic accident of this case is relatively minor, the victims do not want the punishment of the defendant, and the defendant deposited KRW 1.2 million for the purpose of the victim F, etc. are favorable to the defendant.
On the other hand, the crime of this case committed by the defendant without mandatory insurance, causing a traffic accident while driving without a license, resulting in the victim P without taking necessary measures, such as aiding and abetting the victim P, etc. In the course of escape, the crime of this case was committed not only by the victim requesting the defendant to leave the victim, but also by causing an injury requiring about three weeks of medical treatment, etc., but also by which the victim demanded the defendant to leave the victim in the course of escape, which is not good, but also by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes). The defendant committed an act of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) without being aware of the fact that the defendant's blood concentration at the time of detection was considerably high by 0.145%, and the defendant committed again the crime of this case even though he had the history of criminal punishment several times due to the same kind of crime (driving and without a license) but also by causing serious danger to his life and property.
In full view of the above circumstances and other factors of the instant crime, the lower court’s punishment is deemed to be too uneasy and unfair, inasmuch as it is deemed unfair in view of the following factors: (a) the Defendant’s age, sex, and environment; and (b) the various sentencing conditions indicated in the instant records and arguments.