특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In light of the contents and circumstances of each of the instant crimes, it is necessary to impose strict liability on the Defendant in that the Defendant, even though he had been punished for driving under the influence of alcohol in the past, has committed the same kind of crime.
However, considering the following factors: (a) the defendant's mistake is recognized, is against the defendant; (b) the degree of injury suffered by the victim is relatively excessive; (c) the defendant did not have any previous convictions for about 10 years; (d) the defendant has recently agreed with the victim for about 10 years; and (e) other various sentencing conditions as shown in the arguments and records, such as the defendant's age, character and conduct and environment, circumstances after the crime, etc.; and (e) the scope of recommending punishment according to the sentencing guidelines of the Sentencing Commission (one month to one year) [the scope of recommending punishment] the basic area (4 months to one year); (d) the basic area (including a person subject to special mitigation) [including a person subject to special mitigation] and the degree of injury suffered by the victim; and (e) the driving of drinking cars, etc., the sentence imposed by the court below is too 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, and the following judgment is rendered
(3) Article 369 of the Criminal Procedure Act provides that “An appeal filed by a prosecutor shall be dismissed by the public prosecutor, unless the appeal by the public prosecutor is justified, but the original judgment is reversed by accepting the appeal by the defendant).”
Application of Statutes
1. Criminal facts;