도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The Defendant had a record of punishment for drinking, driving without a license (actual punishment, suspension of execution, juvenile protective disposition) and committed the instant crime again during the period of repeated crime due to the same kind of crime (driving, driving without a license).
At the time, blood alcohol level was high 0.179%, and the traffic accident was caused three consecutive times, and the crime quality is not easy for two victims.
However, the Defendant recognized that all of the mistakes in the instant crime were committed, and in depth, the degree of injury to the victims due to the instant accident is relatively minor.
The defendant did not want to punish the defendant by mutual consent with the victim D and F, and deposited KRW 500,000 for the victim H and J.
The defendant is currently supporting the wife and young children, and is living in good faith without reoffending.
In addition, examining all the records and the conditions of sentencing as shown in the instant case, such as the age, character and conduct, environment, and motive and circumstance leading to the instant crime, etc., the sentence imposed by the court below is too unreasonable.
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 facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 of the Road Traffic Act (the point of causing damage by negligence), Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.