특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. In light of the following: (a) the summary of the grounds for appeal (unfair sentencing) that the Defendant both recognized the instant crime and against his mistake; (b) the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is committed, the lower court did not focus on the degree of injury to the victim; and (c) the injured party already agreed with the victim and expressed his intention not to punish the Defendant; and (d) the alcohol content in the blood transfusion of the Defendant at the time of driving alcohol is not high, the sentence (limited to imprisonment of eight months) of the lower court is too unreasonable.
2. There is no special circumstance or change of circumstances that can be newly reflected in the sentencing after the decision of the lower court was rendered.
Considering the circumstances alleged by the defendant, ① a drinking driving is a crime which may cause serious harm to the life and body of others, and in particular, in the case of repeated driving on three or more occasions, it is clearly stated that the lower limit of statutory penalty under Article 148-2 (1) 1 of the Road Traffic Act is imprisonment with prison labor for one year or a fine of 10 million won, and the defendant clearly expresses his/her strong will to cope with damp drinking, and ② the defendant has already been three times of drinking, even though he/she had already been prior to driving, again caused a traffic accident by driving under subparagraph 602 of the same Article, which is not included in the facts charged in the instant case.
On December 14, 2017, when the investigation on the investigation is underway, there is a doubt as to whether the defendant's reflective nature is true or not, and in the case of subparagraph 275 of the Highest 2018 Highest 2018 Highest 275 of the judgment of the court below, the defendant caused a traffic accident by drinking driving, as well as the victim's injury due to the traffic accident. In this case, more strict measures are taken than normal drinking driving.