특정범죄가중처벌등에관한법률위반(도주치상)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 summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is deemed to be too uneased and unreasonable.
2. The degree of damage caused by the instant accident is not relatively much severe, and the vehicles driven by the Defendant are covered by comprehensive vehicle insurance.
However, the instant crime was committed by the Defendant, while driving on an expressway, by neglecting his duty to stop on the road, resulting in an accident without taking any measure, and the Defendant escaped as it is. In light of the content of the crime, circumstances after the crime, etc., the liability for the instant crime is not somewhat weak.
Until the trial, the victims did not reach an agreement.
Defendant has been sentenced to a fine for a crime in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2018.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too uneasible and unfair.
3. 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.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes) among the crimes of violation of the Road Traffic Act, and a punishment provided for the crime of violation
1. Imprisonment with prison labor chosen;