도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment has become final.
1. The sentence of the court below (10 months of imprisonment) is too unreasonable.
2. We examine the judgment. The crime of this case is not limited to obstruction of the performance of official duties, and was inflicted an injury on police officers. The crime of this case is inferior to the nature of the crime, and blood alcohol concentration is considerably high at the time of drunk driving, etc. However, the defendant recognized his mistake and reflects his behavior, while the defendant is compensating for physical damage under the agreement with E, the police officer I and J submitted a written application for the correction of the defendant's wife at the trial, the victim I and the J have relatively minor degree of injury, and there is no history of criminal punishment other than a fine imposed once due to the crime of violation of the Road Traffic Act of 2007. In light of the motive and circumstance leading up to the crime of this case, the defendant's age, character, and environment, etc., the punishment imposed by the court below is too unfair. Thus, the above 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 on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Article 37 of the Criminal Code among concurrent crimes.