도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The punishment of the court below against the accused (two years of suspended sentence for eight months of imprisonment, community service, and lecture attendance order) is too unreasonable.
2. In light of the fact that the Defendant was driving under the influence of blood alcohol concentration of 0.232%, without taking any measures to cause a traffic accident while driving, and the nature of the crime is not good, and the former has the record of being punished for drunk driving, etc., the Defendant’s strict punishment should be punished. However, while the Defendant recognized the crime and is in depth against the Defendant, the investigative agency agreed to the Defendant only with the victim, and the instant traffic accident was a relatively minor accident that caused physical damage, and the Defendant did not have any other punishment power except for a fine sentenced once due to drunk driving, and the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, etc. are considered to be somewhat unreasonable. Thus, the Defendant and his defense counsel’s above assertion of unfair sentencing is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crimes provided for in the former part of Article 38, Article 38 (1) 2 of the Criminal Act]