교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. As the Defendant committed a crime under the influence of alcohol under the influence of physical and mental weakness, punishment should be mitigated.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was aware of drinking at the time of committing the instant crime, the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.
There is no evidence to prove that there is no evidence.
Therefore, the defendant's above assertion is without merit.
B. The Defendant caused the instant traffic accident by negligence, which affected the central line while driving under drinking.
A. The Defendant committed the instant crime without being aware of the period during which the Defendant was punished several times for the same crime, and the fact that the Defendant committed the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant repents and reflects his mistake, there is no record of punishment exceeding a fine due to the same kind of crime, the vehicle of the defendant is covered by the motor vehicle comprehensive insurance, the damage recovery of the victims is conducted with the above insurance, and the degree of injury of the victims is relatively heavy.
The fact that the victims want to take the defendant's wife by mutual agreement with the victims for the time when they appear, is favorable to the defendant.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, the lower court’s punishment is somewhat inappropriate.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.