특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.
2. The judgment has already been subject to punishment twice due to drinking driving. Nevertheless, the nature of the crime is very good in that the defendant had been subject to punishment twice due to drinking driving, and even if the accident was committed while driving under the influence of alcohol driving in this case, he did not take relief measures immediately after causing the injury to the victim, but the nature of the crime is very good in that he escaped without being able to take relief measures. However, when considering the fact that the crime was committed in the first instance, and the victim does not have a punishment for the defendant, that the victim does not have a criminal punishment for the suspension of qualification or more, that there is no criminal punishment for the suspension of qualification or more, and other various circumstances that form the conditions for the arguments and the sentencing specified in the records of this case, the defendant's assertion is reasonable because
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the crime (the point of sound driving and the choice of imprisonment)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [ within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment] among concurrent crimes;
1. As seen earlier, Article 62(1) of the Criminal Act provides for the suspension of execution.