Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, and the order to attend a law enforcement lecture 40 hours) is too unreasonable.
2. The Defendant recognized the facts charged and reflected in the indictment, and the degree of injury of the victims due to the instant accident is not serious, and upon agreement with the victims, they do not want the punishment of the Defendant.
In addition, the defendant's main figures want to take the defendant's wife, and the defendant has no special criminal history.
However, among the blood of this case, alcohol concentration is considerably high as 0.177%, and the defendant invadedd the central line.
In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the failure of the defendant's punishment.
3. As such, the Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 37 former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, “1. Selection of sentence: Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents: Imprisonment without prison labor for a crime of violation of the Road Traffic Act, and imprisonment for a crime of violation of the Road Traffic Act,” respectively.
1. Aggravation of concurrent crimes: Inasmuch as it is apparent that it is a clerical error in the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act, it shall be corrected ex officio).