교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.
2. While the Defendant had a history of criminal punishment on several occasions due to drunk driving, and was sentenced to a suspended sentence due to drunk driving in 2013, the Defendant is driving under the influence of alcohol in the instant case during the suspended sentence.
In light of the fact that the accident occurred, the sentence of the court below is too unfasible and unfair.
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 as follows.
Summary of Evidence
The summary of the facts constituting the crime recognized by this court and the evidence related thereto are as shown in each corresponding column of the judgment of the court below, and therefore, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the lowest sentence] shall be sentenced to imprisonment with prison labor for the concurrent crimes stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, and the punishment (Provided, That the lowest sentence shall be sentenced to imprisonment with prison labor for the concurrent crimes of violating
[Attachment]
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant);
1. The reasons for sentencing under Article 62-2 of the Criminal Act.