특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The fact that the Defendant, while driving a vehicle in violation of a new subparagraph, caused a traffic accident to cause the victim’s personal and physical damage, without taking any relief measures, and immediately runs away without any explanation, is disadvantageous to the Defendant.
However, the fact that the degree of personal and material damage suffered by the victim of the instant traffic accident does not seem to have been significant, that all of its mistakes are deemed to have been recognized and reflected, and that there was a smooth agreement with the victim for the first time in the trial, etc. are favorable to the defendant.
In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.
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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is 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 former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 151 of the former Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty of imprisonment and imprisonment without prison labor;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.