특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (two years of imprisonment with prison labor for six months, two years of probation, and eight hours of community service) against the accused against the summary of the grounds for appeal is too unreasonable.
2. At the time of the instant crime, the Defendant’s blood alcohol content was considerably high by 0.160% at the time of the instant crime, and the Defendant was punished for the violation of the Road Traffic Act, etc. are disadvantageous to the Defendant.
On the other hand, if the defendant does not want the victim's punishment under the agreement with the victim, the previous conviction of the violation of the Road Traffic Act (driving) has been ten years or more, the vehicle is covered by the comprehensive motor vehicle insurance, the degree of injury to the victim is not serious, and the defendant's age, career, family relation, motive and circumstance of the crime, etc. are comprehensiveized in all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, career, family relation, motive and circumstance after the crime, the court below's punishment needs to be mitigated.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and choice of imprisonment for each sentence, as to the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The part on the Defendant’s assertion of unreasonable sentencing on the grounds of sentencing under Article 62-2 of the Social Service Order Act.