특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in six months of imprisonment, one year of observation of protection, and 40 hours of lecture for compliance driving) is too unreasonable.
2. The circumstances favorable to the Defendant include the following: (a) the Defendant is deeply against the instant crime; (b) the victim’s injury is not relatively heavy; and (c) the victim does not want the punishment by agreement with the victim; and (d) there is no record of punishment exceeding the fine.
However, in full view of the following circumstances: (a) the Defendant committed each of the instant crimes even before driving alcohol, despite having a previous record of driving alcohol, and the driving of alcohol is likely to cause serious harm to unspecified persons; (b) the risk of causing the instant traffic accident while driving alcohol is substantially high; (c) the Defendant inflicted injury on the victim by causing the instant traffic accident while driving alcohol; (d) the Defendant’s blood alcohol concentration at the time of the instant crime was not insignificant to 0.153%; and (e) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (e) all the circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex, motive and circumstance of the crime; and (e) the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.