울산지방법원 2013.11.29 2013노754



The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.


1. In light of the overall circumstances of this case, the sentence imposed by the court below (a prison term of six months, a suspended sentence of two years, a probation, a community service, a prison term of 80 hours, and a prison term of 40 hours) is too unreasonable.

2. The judgment of this case reveals that the victim suffered serious injury, such as cutting down at the bottom of the retirement part which requires 16 weeks of medical treatment, the defendant again committed the crime of this case even though he had been punished several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving). However, the victim seems to be negligent by the victim, such as drinking together with the defendant and driving on the defendant's vehicle. The defendant deposited 15 million won for the victim, the defendant reflects his mistake, and the health conditions of the defendant's age, character and conduct, and circumstances after the crime, etc. are considered comprehensively taking into account all the factors of sentencing such as the punishment imposed by the court below is somewhat unreasonable. Thus, the defendant's assertion is justified.

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 and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) 7 and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.