특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (one year and six months) of the lower court’s punishment is too unreasonable.
2. Determination is an unfavorable circumstance, such as the fact that the accused has been punished for drinking driving multiple times.
However, there are more favorable circumstances such as the fact that the defendant recognized the crime of this case and applied against the victim, the fact that the defendant agreed smoothly with the victim, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the victim paid additional money for the recovery of the victim's damage in the trial, and the victim also submitted an application for the second penalty.
In full view of these circumstances and the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is deemed unfair.
Therefore, the defendant's assertion of unfair sentencing 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 defendant's appeal is with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 5-1 and 148-2 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15530, Mar. 27, 201
1. Of concurrent crimes, the punishment as set forth in the text of the Criminal Act shall be determined in consideration of the various circumstances examined prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; and