특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment and three years of suspended sentence) is deemed to be too uneasy and unfair.
2. It is reasonable to take into account the following circumstances: (a) the victims’ injury was not serious; (b) the victims’ injury appears to have been recovered; (c) the Defendant disposed of the vehicle and re- disposed of the vehicle and did not commit such an offense; (d) the Defendant is the most supporting the wife and children; and (e) the Defendant’s wife and the branch wanting the Defendant to leave the Defendant.
However, the current Road Traffic Act provides that a person who has violated the prohibition clause of drinking once or more for the purpose of preventing the driving of alcohol that threatens traffic safety from driving on the road and overcoming the awareness thereof shall be punished more strictly. While the defendant was punished three times (one suspended sentence, one time, and two times) due to the crime of drinking driving, the defendant's occurrence of traffic accidents while driving multiple times, the defendant's blood alcohol level at the time of drinking was high by 0.314%, the victims of traffic accidents, the number of victims of the traffic accidents, the degree of alcohol level of each blood alcohol level of the defendant's blood alcohol level at the time of driving was high by 0.327% (Seoul District Court 2008 High Court 3708 High Court ), 249% (Seoul High Court 2009 High Court 270, 2057 High Court 270, 2707 High Court 270, 2707, etc.).
It appears that drinking driving is a dangerous crime that may harm the life of others as well as his/her own life, and there are other unfavorable circumstances such as Defendant’s age, sex, environment, motive, means and consequence of the crime, and the following conditions of sentencing.