특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The Defendant had the record of being punished for traffic-related crimes, in particular, committed the instant crime during the period of repeated crime, and the nature of the instant crime is heavy.
However, it appears that the defendant recognized the crime of this case, and the degree of damage caused by the traffic accident of this case is not heavy, and the defendant agreed with the victim at the time of the trial, and the victim did not want the punishment against the defendant.
In light of all of the sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, as well as the circumstances after the crime, the sentencing of the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are identical to the facts stated in each corresponding column of the judgment below except for changing "1. The defendant's partial statement" from among the summary of evidence to "1. The defendant's statement in this court". Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the conditions of sentencing described in the preceding);