특정범죄가중처벌등에관한법률위반(도주치상)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. In fact, the traffic accident of this case is not caused by the fault of the defendant, but caused the intention of escape when the defendant escaped from the scene, since the victim conflicts with the vehicle of the defendant, plplle and plplle of hand of the victim's own Hand.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. In light of the circumstances stated in its reasoning, the lower court determined that the instant traffic accident occurred due to the Defendant’s negligence, and that the Defendant had the intention to flee.
The decision was determined.
The judgment below
Examining the reasoning of the lower court in comparison with the evidence examined, the lower court’s finding and determination of the above facts are justifiable, and it did not err by misapprehending the facts, thereby adversely affecting the judgment
B. The Defendant was the first offender with no criminal history, and agreed with the victim in the trial.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.
[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.
Application of Statutes
1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime and the selection of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;