특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than three years and six months.
1. The decision of the court below on the gist of the reasons for appeal (six years of imprisonment) is too unreasonable.
2. As the court below explained on the grounds of the sentencing, the defendant, while under the influence of alcohol, went away from the scene of the accident even though he was at the time of the collision with the central line, and even if he was at the time of the collision with the vehicle of the victims during normal operation, the crime liability is very heavy, and the victim H's bereaved family members want to be punished by the defendant.
However, the Defendant agreed with the victim G and D for the first time, and did not reach an agreement with the victim H, but made some efforts to recover damage by depositing KRW 20 million, and the Defendant’s vehicle was covered by a comprehensive insurance, and thus, the victim was recovered from damage to a certain extent.
In addition, the defendant also requested the driver of the vehicle in the vicinity at the time of the accident to leave the vehicle, left the scene and arrested him/her on the scene of the accident, and there is no history of criminal punishment except that punished by a fine in 2008.
In addition, in light of the various sentencing conditions shown in the records of this case, such as the defendant's age, sexual conduct, and circumstances after the crime, and in particular the defendant's efforts to recover the damage made in the trial, the sentence of the court below is deemed to be unfair because it is too unreasonable.
Therefore, the Defendant’s unfair argument regarding sentencing is accepted on the grounds of the changed circumstances in the trial at the same time, but it is inevitable for the Defendant to pronounce a heavy sentence on the grounds that the Defendant’s crime was committed, such as the victims who were not dead due to the Defendant’s criminal act lose their lives and suffered serious injury.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.
Criminal facts
b) the summary of the evidence and evidence.