특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (two months of imprisonment) by the lower court is too heavy or unhued so that it can be deemed unreasonable;
2. That the person was a traffic accident of a significant scale in light of the degree of damage to the judged vehicle;
It is reasonable to punish the defendant strictly according to the circumstances such as the fact that the number of alcohol concentration among the blood of the defendant was very high at the time, the central line is invaded, etc., and the degree of violation of the duty of care is significant, and many victims have occurred.
However, the circumstances to be considered can also be acknowledged, such as the fact that the Defendant committed the instant crime, the degree of injury suffered by the victims, the fact that the victims are minor, the fact that some damage was assumed to have been recovered from the insurance proceeds due to the purchase of a comprehensive insurance policy, and the deposit for some victims, etc. In particular, the circumstances to be considered by the Defendant, such as the fact that the said victims do not want the punishment of the Defendant by mutual consent with the victim F
In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.
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 reasonable, and the judgment below is reversed and it is ruled again as follows
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reduction of a small amount;