특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.
2. The crime of this case is deemed to require strict punishment in light of the fact that the defendant driving a vehicle at a state of driving a vehicle at a level that makes it difficult to drive a vehicle without a driver's license and caused an injury to the victim by traffic accident, the nature of the crime and the circumstances of the crime are not good, that the defendant has been punished three times due to drinking driving, and that the defendant again committed the crime of this case despite his control over driving three months prior to the crime of this case, and that the blood alcohol concentration of the defendant is considerably high, and the distance from driving without a driver's license is not short. However, if the defendant all of the crimes of this case is led to the crime of this case, and it appears that the defendant has an opportunity to reflect on the victim's health through a life close to detention, and that the degree of injury to the victim is not too serious, and that the defendant's health and behavior and the defendant's health is not subject to suspended sentence after considering the following circumstances: the defendant's consent with the victim and his/her family relation at first time, and the defendant's health and health and behavior of this case.
3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.