특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The Defendant recognized the instant crime and is against the law.
The Defendant paid KRW 25 million to the victim's family members and agreed to do so.
Defendant is an initial offender who has no record of criminal punishment.
This is the circumstances favorable to the defendant.
However, the crime of this case was committed by the defendant while driving alcohol, and it is not good that the crime of this case was committed due to the shock of the damaged person.
The victims have not restored their consciousness until now.
If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.
This is disadvantageous to the defendant.
In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.
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.