beta
Text
The judgment below
The remainder other than the confiscated part shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment and confiscation) is too unreasonable.
2. The judgment of the court below is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the possibility of traffic accidents. The defendant's blood alcohol concentration at the time of the crime of this case was considerably high by 0.197%, which led to the occurrence of a traffic accident involving the defendant's vehicle E by shocking the rear part of the victim's vehicle two consecutive times, and the damage to the victim's M of special assault was not recovered. The defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court Full Assistance on October 26, 2017, and committed each of the crimes of this case without care in spite of the fact that the defendant was sentenced to criminal punishment for violation of the Road Traffic Act (driving) at Jung Eup prison on September 26, 2018, and was sentenced to punishment for the crime of interference with business in addition to the crime of interference with business committed by the majority of the defendants.
However, the fact that the defendant is divided into and against his own crime, the victim E of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of interference with business, and the victim I hospital of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the victim I hospital of the crime of interference with business have expressed their intention not to punish the defendant, and the defendant is punished as the crime of violation of the Road Traffic Act before 2006, and there is no record of criminal punishment as the crime of violation
In addition, considering the defendant's age, character and conduct, environment and other sentencing conditions, the sentence imposed by the court below is too excessive.