교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The crime of this case is found to be an unfavorable condition against the Defendant, on the following grounds: (a) the Defendant was driving a motor vehicle not covered by mandatory insurance in two times under the influence of alcohol and caused a traffic accident; (b) the offender was not less and less punished twice due to the same kind of drinking driving; (c) the Defendant refused to take a drinking test or engaged in any other conduct to avoid detection of drunk driving; and (d) the victim K’s degree of injury is not less and less.
However, in light of all the circumstances, such as the fact that the defendant recognized each of the facts of the crime of this case and disposal of the motor vehicle used for the crime of this case would not repeat the same kind of crime again, the victim D, F, H and paid 4.5 million won to the victim K, 10 years prior to the criminal record of the defendant's drinking driving, the defendant had no record of punishment exceeding the fine, the defendant was detained for two months due to the crime of this case, and the seriousness of punishment due to the repetition of drinking driving seems to have been sufficiently impaired, the defendant supports the child as the largest, and the age, character, environment and occupation of the defendant, the circumstances and contents leading to the crime of this case, the means and result, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., the sentence of the court below is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.