특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to six months of imprisonment) is too unreasonable.
2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s depth reflects the instant crime; (b) the victim’s injury is not relatively heavy; and (c) the victim does not want the punishment by agreement with the victim; and (d) the victim has no record of having been punished by the same criminal record or imprisonment with labor.
However, drinking driving is a crime that may cause a serious harm to an unspecified person, and is highly dangerous in society. In full view of the fact that the Defendant caused a traffic accident while driving the instant drinking, and such risk is realized, the Defendant’s blood alcohol concentration at the time of the instant crime is 0.147%, and the Defendant’s blood alcohol concentration at the time of the instant crime is not minor degree of driving, and all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.