특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the summary of the grounds of appeal (the two-year suspension of the execution of imprisonment for August, the community service order of 80 hours, and the order to attend a law enforcement lecture of 40 hours) is deemed to be too uneasible and unfair.
2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized each of the instant crimes, the degree of injury suffered by the victims, the Defendant agreed with the victims, and the fact that the instant sea vehicles are covered by the comprehensive automobile insurance.
However, drinking driving is a serious crime that can lead not only the driver but also another person's life, so it is necessary to punish it strictly.
Each of the crimes of this case committed by the defendant while driving a motor vehicle in a state where it is difficult for the defendant to drive the motor vehicle in a normal condition and causing an accident to cause injury to the victims. At the time of driving of this case, two persons suffered injury due to the two-year chain collisions between the defendant's blood alcohol concentration and 0.151%.
Considering the developments of the instant case and the scale of damage arising therefrom, it seems that there is no fault of the victims who have contributed to the occurrence of the instant accident, the Defendant’s liability is not weak.
Although the Defendant had already been punished three times due to drinking driving, and the Defendant had been sentenced to one year of imprisonment and two years of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused by danger, death or injury, and any death of one of the victims at the time) and the violation of the Road Traffic Act, the Defendant again committed each of the crimes of this case, and the risk of recidivism is high.
Considering these circumstances, it is necessary to impose criminal liability corresponding to repeated crimes in order to eliminate the criminal behavior of the defendant's drinking and to improve the attitude of emphasizing road traffic order.