교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.
2. The judgment of the Defendant, even though he had had the history of having been punished several times due to driving under drinking, again committed a crime of drinking, and caused an accident of booming around the road during that process.
As a result, the victim who had been in a nearby warehouse of the labing stone suffered the injury by getting out of play, and the degree of the injury is not weak.
There is no short distance from the Defendant's drinking driving, and there is no special circumstance to consider the circumstances.
However, the defendant recognized his mistake as a whole, reflects his depth, and boomed the victim due to an accident that occurred while driving alcohol, but did not directly receive the victim.
At the time of driving, alcohol concentration was not very high, insurance money was paid to the victim of the traffic accident and the damage was recovered. After the decision of the court below, the defendant paid the agreed amount of KRW 6 million and expressed that the victim does not wish to punish the defendant.
There is a child and spouse who should support the defendant, and the social relationship between the defendant and his spouse seems to be relatively clear.
The defendant was not punished by imprisonment with prison labor prior to the instant case.
Considering these various circumstances, it is necessary to give the defendant a last opportunity to open.
The decision is judged.
In addition, considering the motive and background of the instant crime, circumstances before and after the instant crime, Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.