특정범죄가중처벌등에관한법률위반(위험운전치상)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 (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment) is too unreasonable.
2. Determination of each of the instant crimes is an unfavorable circumstance, where the Defendant committed an accident while driving a motor vehicle while under the influence of alcohol without a driver’s license and causing the injury to the victim C, which is very significant, and the alcohol concentration in the blood was 0.280%, and the driving distance was 10km, and the driving distance was 10km, and the two times of the suspension of the execution of imprisonment, including three times of the suspension of the execution of imprisonment due to the same crime, are subject to punishment.
However, in full view of other favorable circumstances, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, as it seems unfair, in light of the following: (a) the Defendant recognized each of the instant offenses; (b) there was no history of criminal punishment exceeding the suspended sentence; and (c) the victim did not want the punishment against the Defendant by agreement with the victim in the trial; and (d) other factors of sentencing specified in the instant records and arguments, such as the victim’s age, sex, environment
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade.