특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The instant crime is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant was driving while under influence of alcohol content 0.167% in blood; (b) the Defendant was causing a traffic accident in light of its circumstances, details, etc.; (c) the victim was injured by five victims due to the instant accident; (d) the victim E suffered a relatively serious injury; and (e) the Defendant was punished several times due to drinking alcohol driving.
However, in full view of the favorable circumstances such as the Defendant’s perception of the instant crime, the victim’s negligence also contributed to the occurrence of the traffic accident, the full agreement between the victims and the victims about the occurrence of the traffic accident, the vehicle driven by the Defendant is covered by the automobile comprehensive insurance, and the Defendant’s age, sex behavior, environment, background, method of the crime, circumstances after the crime, and criminal record relation, etc., which are favorable circumstances, such as the Defendant’s life in custody for more than two months due to the instant case, and the Defendant’s age, sex, background, method, circumstance after the crime, and criminal record relation, the sentence imposed by the lower court is unreasonable.
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 the facts charged and the summary of the evidence admitted by the court are as shown in each 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 (1) 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;