특정범죄가중처벌등에관한법률위반(위험운전치상)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The following facts are favorable to the Defendant.
The degree of injury of the victim caused by the traffic accident caused by the defendant is not much serious.
A motor vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, and an additional agreement was made with the victim.
On the other hand, the following is disadvantageous.
The defendant has already been sentenced to seven times or more due to drinking driving, and among them, he/she may have four times or more of his/her imprisonment.
In spite of such a fact, he/she also committed a crime of drinking, and caused a traffic accident while driving under drinking, resulting in the victim's injury.
At the time of the instant case, the alcohol level of the Defendant’s blood was 0.218% high.
In light of the criminal records of these defendants and the behavior of drinking driving, the risk of recidivism is high.
Since there is a need to punish the defendant strictly.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.