특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eleven months.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of the defendant, even though he had a history of drinking or unlicensed driving, who had been subject to criminal punishment four times or more due to drinking or unlicensed driving, has again carried out drinking or unlicensed driving, caused a traffic accident, leaving the scene of the accident without any relief measures, causing personal and material damage. The fact that the driving level at the time of the crime of this case was a significant part of the driving level at the time of the crime of this case, and the fact that the accident vehicle was not covered by mandatory insurance and thus delayed the payment of damage to the victim is disadvantageous
However, it is favorable to the defendant that the defendant recognized the crime of this case and divided the wrong facts, agreed with the victim, the degree of injury suffered by the victim is relatively minor, and that there was no previous conviction due to drinking or non-licensed driving since 2007.
In full view of the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 148-2 subparag. 2 and 44 subparag. 1 of the Road Traffic Act concerning the crime; Articles 152 subparag. 1 and 43 of the Road Traffic Act; Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148, 54(1), and 151 of the Road Traffic Act; Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act.