특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case committed by the defendant who had been under the influence of alcohol twice or more but again driven a wing truck with a blood alcohol concentration of 0.202%, and due to negligence on the part of the defendant's failure to perform his/her duty to see the right and the right and the right and the right and the right and the right and the right are caused by the victim's 2 week crypt croudal crouds, etc., which occurred to the victim while driving the driver's vehicle while under the influence of alcohol. At the same time, even if the damaged vehicle is damaged by the repair cost, it was parked without taking measures such as aiding the victim and aiding the damaged vehicle, and the case is not less than that of escape. In the past, the defendant had been sentenced to a fine for violation of the Road Traffic Act (three times of punishment and two times of suspended sentence of imprisonment with prison labor) and, in particular, the defendant was sentenced to imprisonment with prison labor for a prison term of 20.3 months as of execution, etc.
However, the fact that the defendant is led to confession and wrong, the degree of damage of the victim caused by the accident in this case is not serious, the truck of the defendant is subscribed to a comprehensive motor vehicle insurance, the defendant deposited 1 million won for the victim in the original judgment, the defendant's history of driving without a drinking license before 2010, all of the records of driving without a drinking license before 2010, if the judgment of the court below becomes final and conclusive, the suspension of execution as seen earlier should be invalidated, and the defendant must live in additional confinement for a considerable period, and the circumstances and results of each of the crimes in this case, which are favorable to the defendant, such as the character, behavior and environment of the defendant, and the circumstances and results of each of the crimes