특정범죄가중처벌등에관한법률위반(도주차량)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 summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the court below to the defendant is too unreasonable.
2. 판단 이 사건 각 범행은 피고인이 트럭을 운전하다가 우측의 교통상황을 제대로 살피지 아니한 채 1차로에서 2차로로 차로를 변경한 과실로 마침 2차로를 정상적으로 진행 중이던 피해자 E 운전의 자동차를 충격하고, 이로 인해 피해자 운전의 자동차가 우측으로 튕겨 나가 전봇대를 들이받게 함으로써 피해자에게 약 4주간의 치료를 요하는 상해를 입힘과 동시에 위 자동차를 수리비 약 960여만 원이 들도록 손괴하는 교통사고를 일으키고도 그대로 도주한 것으로서 피해정도 등에 비추어 사안이 가볍지 아니하고 죄질 또한 불량한 점 등의 사정은 인정된다.
However, at the time of the trial, the defendant recognized each of the crimes of this case, against his mistake, and seems to be against the victim's damage as the vehicles are covered by comprehensive insurance, and therefore, it seems that the victim's damage can be actually recovered. At the time of the trial, an agreement was reached between the victim and the victim. On September 10, 2004, there was no record of any particular criminal punishment except for the punishment of a fine due to the violation of the Road Act on September 10, 2004, there was a family member to provide support, such as wife and two children, and there was no doubt about the economic situation, and other various circumstances, including the defendant's age, environment, family relationship, occupation, and the circumstances of each of the crimes of this case, the sentence of the court below is unreasonable
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as follows: "1."