특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The crime of this case committed by the Defendant, while driving a vehicle under the influence of alcohol, was committed by the Defendant, while driving the vehicle, by occupational negligence, by taking the victim who was towing the hand dog, and suffered a necessary injury for about 12 weeks of medical treatment. At the same time, the Defendant escaped without taking necessary measures even after destroying the hand dog. In light of the content of the crime, the degree of damage, etc., the Defendant’s liability is heavy, and the degree of injury is serious, and thus, the Defendant’s unfavorable circumstances are recognized.
However, when considering the overall circumstances, such as the defendant's age, sexual behavior, environment, etc., the punishment of the court below against the defendant is too uneasible and unfair, and it is acknowledged that the defendant's punishment against the defendant is too uneasible and unfair, rather than unfair, because it is too unreasonable, considering the following circumstances, such as the defendant's confession of all the crimes including the background of the crime in this case, that the defendant does not want the punishment of the defendant, that the victim does not want to have any criminal history exceeding the fine, that there is no evidence of crime exceeding the defendant's family members and scambiance, that the defendant's family members and scambien from the defendant's preference to the defendant's wife.
3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading. However, since the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court are as follows.