특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for one year;
3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable.
2. The judgment of the defendant has the record of being punished by a fine due to drunk driving, and the crime of this case was committed by the defendant while driving a taxi in the state of drinking alcohol concentration of 0.187%, which caused injury to the victims by shocking the victims, and the nature and circumstances of the crime are heavy. However, the defendant did not have any history of punishment exceeding a fine due to the same kind of crime, and the defendant recognized the crime of this case and seriously reflects his mistake; the defendant agreed with the victims in the trial, and other various circumstances that are the conditions for the sentencing of this case, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the punishment of the court below is deemed unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);
1. It is so decided as per Disposition for the reason of Article 62-2 (1) of the Criminal Act or more of the community service and education order;