교통사고처리특례법위반등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The Defendant appears to have committed the instant crime in mind and committed the instant crime in depth.
In addition, it is difficult to say that the defendant's crime of this case led to a serious level of damage suffered by the victims.
In addition, the Defendant did not have any part of the Defendant’s loss, and around the 20th century, the physically disabled class 2 who suffered from the accident that cut off the left part, and the fact that it seems difficult to live up to the present, etc. is the circumstance to be considered favorable to the Defendant in the course of the determination of the punishment for the instant crime.
However, the instant crime committed by the Defendant, while driving a car under the influence of alcohol at a high level of 0.216%, caused a traffic accident by negligence that the Defendant was unable to well see the right and the right, causing three victims to suffer from an injury requiring two to three weeks medical treatment, and the Defendant committed the instant crime during the period of repeated offense after the execution of imprisonment was completed on September 11, 2014 due to a violation of the Road Traffic Act (driving) and then committed the instant crime during the period of repeated offense.
Furthermore, the Defendant was subject to criminal punishment (one time of imprisonment and two times of suspended execution) for a drunk driving up to six times, and the level of the principal offense (0.204% and 0.243% in 2002,0.190% in 2003,0.198% in 2003,0.226% in 207,0.26% in 207, and0.120% in 2014 in 2014, etc.) is also considerable. However, the Defendant seems to have lived with the awareness of traffic regulations despite the above multiple criminal penalties.
In addition, the defendant did not receive a letter from the victims until now, various circumstances, such as the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and the circumstances after the crime, and the crime of this case.