특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 500,000.
The above fine shall be imposed on the defendant.
1. The defendant asserts that the grounds for appeal (e.g., imprisonment with prison labor and a fine of 500,000 won) of the lower court are too unreasonable, and the prosecutor asserts that the sentence of the lower court is too uneased and unreasonable.
2. In view of the fact that the Defendant: (a) while driving a vehicle while under the influence of alcohol while driving the vehicle; (b) had been faced with injury to the victim E while driving the vehicle; (c) had the vehicle stopped on the front side; (d) had the victim I and K suffered injury by shocking the vehicle behind the vehicle; (c) had not complied with the request for a re-drawing test after moving the vehicle to the police station at the scene of the accident; and (d) has interfered with police officers’ performance of duties, the crime of this case is very bad.
In addition, the defendant has been punished twice due to drinking driving.
However, the defendant recognized the crime of this case and against the victim's injury, and the defendant's driver's vehicle was covered by the comprehensive motor vehicle insurance, so the victims' damages have been paid, and only the victims and the victims have agreed in the trial.
In full view of such various circumstances and other factors as the Defendant’s age, character and behavior, environment, motive and means of crime, and circumstances after the crime, the sentence of the court below is too unreasonable.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after
(Inasmuch as an appeal by a defendant is reversed on the grounds that the judgment of the court below is reasonable, the prosecutor’s appeal shall not be dismissed on the separate order). The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act