특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) that the court below sentenced is too unreasonable.
2. The instant crime is under the influence of the Defendant’s blood alcohol level of 0.189%.
It is necessary to strictly punish the defendant due to the nature of the crime in light of the method of crime, contents, and blood alcohol concentration, etc. as the victim inflicted two-way injury on the victim by shocking the car that the victim drives.
However, there are extenuating circumstances in favor of the defendant, such as the confession of the crime of this case and the fact that the defendant reflects the mistake, the degree of injury of the victim is minor, the defendant agreed smoothly with the victim, the defendant committed the crime of violation of the Road Traffic Act in 1997, and the defendant did not have any record of criminal punishment except for the punishment sentenced by each fine for the crime of violation of the Food Sanitation Act in 2002. Considering all of the above circumstances and other sentencing conditions specified in the argument of this case, such as the defendant's age, character, behavior and family environment, the sentence of the court below is somewhat unreasonable.
Therefore, the defendant's argument is justified.
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 it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 70 of the Criminal Act for the Detention of Labor House Head.