특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
The sentence against the accused shall be determined by a fine of eight million won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.
2. The offense is not good because the Defendant, even though having caused a traffic accident, has escaped without taking any measure.
However, in full view of the following facts: (a) the Defendant has committed the instant crime for the first time and committed the instant crime; (b) the degree of injury of the victim is relatively less than 2 times and agreed with the victim; (c) there is no previous conviction or fine exceeding the same kind of criminal record or fine; and (d) the Defendant’s age, sex and environment, motive, means and consequence of the instant crime; and (e) various sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;