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 imprisonment) by the lower court is too unreasonable.
2. The judgment of the defendant has three times of punishment due to drinking driving, and the defendant should be punished strictly because he/she has engaged in drinking of this case and driving without a license even though he/she has been sentenced to a suspended sentence of imprisonment during the suspended sentence.
However, in full view of the following facts: (a) the Defendant agreed with all victims in the course of the trial; (b) the confession of the crime and reflects his mistake in depth; and (c) the overall sentencing conditions indicated in the arguments in the instant case, including the Defendant’s age, character and conduct, and environment, it is unreasonable that the lower court’s punishment is unreasonable to maintain the judgment of sentencing as it is.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutually: the punishment provided for the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Crimes) against the H of the severe victim who has committed the crime, the violation of the Road Traffic Act and the violation of the Road Traffic Act (mutually: the punishment between the crimes without license) is heavier;