특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, the suspension of the execution of two years, the 40 hours of compliance driving, the community service 40 hours) is too unreasonable.
2. Determination
A. There are extenuating circumstances, such as the Defendant’s confession of all crimes, and the fact that the Defendant’s driver’s vehicle is subscribed to a comprehensive motor vehicle insurance, and the victim does not want punishment by mutual consent with the victim, and support three wife and children.
B. Meanwhile, the instant crime is driving by the Defendant with a high blood alcohol level of 0.164%.
In light of the fact that there is a previous department for the defendant, the degree of injury of the victim, etc., the responsibility of the defendant is not less than that of the defendant.
In addition, considering the Defendant’s age, living environment, details and result of the crime, and all of the sentencing conditions shown in the instant pleadings, such as circumstances after the crime, the sentence of the lower court is adequate.
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.