특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
except that, for a period of four years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (4 years and six months of imprisonment) is too unreasonable.
2. The judgment of the Defendant caused a traffic accident while driving a drinking alcohol, resulting in the death of the victim, and the Defendant’s strict punishment is required as it was a high level of alcohol level at the time of the accident.
However, in light of the following: (a) the Defendant was committed in the course of committing the instant crime; (b) there is no criminal history against the Defendant; and (c) the victim’s bereaved family members want to take the Defendant’s wife by mutual consent with the victim’s bereaved family members ( particularly, the victim’s wife N wanted to attend the date of the first trial at the trial at the trial at the trial at the first trial at the court; and (d) other factors favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence after committing the instant crime; and (c) other factors favorable to the Defendant, including the Defendant’s age, sexual behavior, environment, motive, means and consequence after committing the instant crime; and (d) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee for the instant crime is from three to five years [the scope of the recommended sentence] following the traffic accident, the lower court is recognized to have taken account of the following factors: (a) the basic area (3 to five years) [special mitigation] of punishment (including a person’s efforts to recover damage]
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the occupation of an escape vehicle and the choice of an organic imprisonment) and the Road Traffic Act.