특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment and three years of suspended execution) is too unreasonable.
2. The crime of this case in light of the Defendant’s blood alcohol concentration, the circumstances leading up to the accident, etc., that the Defendant caused a traffic accident while driving under the influence of alcohol, thereby causing injury to the victims.
However, in full view of the fact that there is no record of criminal punishment against the defendant, the fact that the defendant agreed smoothly with the victims, and other various conditions of sentencing, such as the age, character and conduct, the background of the crime and the circumstances after the crime, which are shown in the arguments of the court below and the party hearing, the sentence imposed by the court below is unreasonable.
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.
[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3
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) 2 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 each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined in light of the above circumstances in light of the reasons for reversal of the sentence.