특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) that the court below sentenced to the defendant is too unreasonable.
2. In light of the fact that the Defendant: (a) while driving a vehicle in a drinking state, concealed the vehicle before the victims; and (b) the Defendant’s blood alcohol concentration was considerably high at the time of the instant crime, the Defendant’s liability is not somewhat weak.
However, there is no history of criminal punishment for the defendant, it is against the depth of the crime of this case, the health of the victims is not good, and the degree of injury of the victims is relatively minor, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant agreed with the victims, and the victims do not want the punishment for the defendant.
In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, the circumstances after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's argument is justified.
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 it is decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty: