특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable.
2. The judgment of the defendant committed the crime of this case without being aware of the fact that he had been punished several times for the same crime, and committed the crime of this case during the suspension period of the execution of imprisonment, which was sentenced for the same crime. The crime of this case was committed by the defendant without a driver's license by driving a cargo vehicle in the state of driving to the extent that normal operation is difficult, and the crime of this case was committed, and the victim was injured by the victim. However, the degree of injury suffered by the victims is not relatively heavy, and the defendant agreed with the victims at the time of the trial. The defendant recognized the crime of this case, which reflects his mistake in depth, and other various circumstances that are the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., it is judged that the punishment of the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (with regard to the crimes against the Aggravated Punishment, etc. of Specific Crimes and the death or injury caused by dangerous driving).