교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant, without obtaining a driver’s license, driven a vehicle while under the influence of alcohol of 0.104%, and during that process, the part of the part behind the damaged vehicle being driven by the victim F, which was waiting to enter the right-hand from the front side of the Defendant’s vehicle in front of the damaged vehicle, and the victim H and I who was accompanying the victim, and the victim H and I, who were accompanying the vehicle, suffered injury, such as a fluoral cule, in need of a two-day medical treatment, and thus, the illegality of the act is not weak.
Furthermore, on December 10, 2012, the Defendant was sentenced to a suspended sentence (two years of imprisonment for a term of one year and six months) due to a violation of the Road Traffic Act (driving) on December 10, 2012, and the judgment became final and conclusive on December 18, 2012. In other words, on July 11, 2014, the Defendant was sentenced to a suspended sentence (three years of a suspended sentence of one year of imprisonment) for embezzlement on July 19, 2014, and again committed the instant crime even if the said judgment became final and conclusive on July 19, 2014, the Defendant again committed the instant crime.
In addition, considering the fact that the defendant has the power to punish a large number of fines, one time of suspended sentence, two times of suspended sentence, and a large number of fines for the same crime before the crime of this case is committed, it is necessary to strictly punish the defendant.
However, the Defendant appears to have committed all of the instant crimes and committed a misunderstanding in depth.
In addition, the court below did not want the punishment of the defendant when the victims of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents were agreed smoothly by the victims.
In addition, it is very short that the distance of the defendant's drinking and driving without a license (3m) has been very short, the victims' injury has not been serious, and the defendant is currently suffering from skin disease, and the proper and prompt treatment is needed.