교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of reasons for appeal: The punishment sentenced by the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.
2. In light of the fact that the driving of judgment drinking is a serious criminal threatening not only to himself/herself, but also to his/her family members' life, body, and property, the Defendant committed the instant crime even though his/her previous conviction was already six times due to drinking driving, and the traffic accident occurred due to the instant crime, and the Defendant’s blood alcohol concentration level at the time of the instant crime significantly exceeded the standard level, etc., it is necessary to strictly punish the Defendant.
However, considering the fact that the Defendant disposed of the vehicle used to commit the instant crime, the damage caused by the instant traffic accident is relatively minor, the victim does not want to be punished against the Defendant, and the Defendant was sentenced to a suspended sentence of 6 months on December 26, 2012 due to the Defendant’s violation of the Road Traffic Act in the official branch of the Daejeon District Court, which was sentenced to a suspended sentence of 2 years on December 26, 2012 to the instant crime, and was living without committing any specific crime for a considerable period of time, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all the sentencing conditions shown in the instant records and arguments, such as the circumstances before and after the instant crime, the sentence imposed by the lower
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding part of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 1