특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The lower court’s sentence against the Defendant by the prosecutor (unfair sentencing) is too unhued and unreasonable.
B. The lower court’s sentence against the Defendant (unfair sentencing) is too unreasonable.
2. We also examine the judgment prosecutor and the Defendant’s unfair argument in sentencing.
The defendant appears to have the attitude of recognizing and opposing the crime of this case, the fact that the piracy vehicle is subscribed to the comprehensive mutual aid association of motor vehicles, and that there is no record of criminal punishment due to the same crime, it is reasonable to consider the circumstances favorable to the defendant.
However, the crime of drinking driving is an offense that may infringe on the life and body of not only the driver but also the citizens using the road, and the crime of this case also requires a strict punishment, and in addition to the defendant's driving under the influence of alcohol, the crime of this case is an offense that causes a traffic accident while it is difficult to drive normally due to the influence of drinking and thus causes an injury to the three victims.
It can not be seen that there are many workers who did not pay wages and retirement allowances, and that the amount of unpaid wages is not small, but is disadvantageous to the defendant.
In light of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, circumstances leading to and result of the crime, etc., and the circumstances after the crime, the sentencing guidelines for the enactment of the Supreme Court sentencing committee, and relevant sentencing cases, etc., the lower court’s punishment is deemed unfair because it is too unfasible.
Therefore, the prosecutor's improper argument of sentencing is justified, and the defendant's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is made.