특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the reasoning of appeal: The winding the drinking driving itself is still unfilled in our society, which leads to the high rate of crimes related to drinking driving and recidivism rate.
However, drinking driving is a crime that may cause death or injury of a group of persons who driven or walked a vehicle at the same time as a drinking driver, and may cause the victim's family members to be frightened. It is not a kind of fright that can lead to unfrightening of the victim's family members.
The crime of this case is likely to be criticized because the defendant, who was sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2007 and a violation of the Road Traffic Act in 2013, committed a violation of the Road Traffic Act in 2013, committed a violation of the Road Traffic Act.
The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.
The degree of injury of the victim is not relatively significant.
The vehicles are covered by the comprehensive automobile insurance.
In the past when the defendant was in a trial, the injured party is not punished against the defendant by agreement with the injured party.
When comprehensively taking into account the following factors: (a) the Defendant’s age and character environment, including the above unfavorable circumstances, favorable circumstances; (b) relationship with the victim; (c) the motive and consequence of the crime; and (d) the various sentencing conditions indicated in the present arguments and records; and (d) the scope of recommended sentences according to the sentencing guidelines (4 months to one year) / [the type of imprisonment] type 1 (the person causing a traffic accident) [the person causing a special traffic accident] mitigated, and the person driving under influence of alcohol (the scope of recommended sentences] basic areas (4 months to one year).