특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The decision of the court below (one year and three months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment below held that the defendant's favorable circumstances for the defendant (the defendant recognized all of the crimes in this case, reflects his depth, disposes of a motor vehicle operated while the defendant does not repeat the crime again, the victim's injury is not severe, and the defendant does not want to punish the defendant by agreement with the victim, and the defendant does not have any criminal record exceeding the suspended execution, and the defendant does not have any criminal record of the suspended execution) and the circumstances disadvantageous to the defendant (the defendant was caused by a traffic accident under the circumstance that it is difficult to drive normally and makes it difficult for the defendant to drive the crime, and the degree of alcohol concentration of the defendant's blood alcohol level exceeds 0.167% at the time of driving under the influence of alcohol, and the defendant has a history of punishment twice by driving under the influence of alcohol, and the defendant has not only been punished twice but also driving under the suspended execution period due to driving under the influence of alcohol, etc.). It seems that the above punishment is sentenced to the above punishment.
In light of the aforementioned various sentencing grounds and the Defendant’s age, career, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and other circumstances that were revealed by the records, and there are no special circumstances or changes in circumstances that the lower court determined against the Defendant, even if considering the Defendant’s assertion in the first instance court, such as the Defendant’s treatment of alcohol-based symptoms before and after the instant crime, the lower court’s sentencing is appropriate, and the lower court abused its discretion or deviates from the limits of discretion.
shall not be deemed to exist.
3. The defendant's appeal is without merit and thus dismissed under Article 364 (4) of the Criminal Procedure Act. However, the defendant's appeal is dismissed under Article 25 (1) of the Rules on Criminal Procedure.