특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the court below (one year of imprisonment) is too unreasonable.
2. The judgment was examined. The crime of this case was committed by the defendant while driving a vehicle in drinking condition to cause the accident of this case, and it is not very good to the quality of the crime, such as refusing a police officer's request for drinking measurement. However, the defendant's rejection of a police officer's request for drinking measurement, etc. which led to an agreement with the victim during the trial of the defendant, which led to the defendant's late-time crime. The damage caused by the crime of this case was not relatively heavy, and the defendant's punishment for drinking driving was not issued with a summary order of 50,00 won on April 22, 2002. The defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime, etc. are considered to be too unreasonable. Thus, the defendant's assertion is justified.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as 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 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;