특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a vehicle without a driver's license without causing injury to the victim D (hereinafter "victim") who was under way due to negligence while neglecting the duty of the front-time driving of the vehicle, such as the volume and the frame of the right-hand part requiring eight weeks medical treatment, and that the victim escaped without necessary measures, such as aiding and abetting the bicycle for repair costs of KRW 70,000, and the case is not easy; the defendant did not agree with the victim; the defendant was unable to reach an agreement with the victim; the defendant was punished several times as a crime of violation of the Road Traffic Act (in the past, 4 times a fine) or a crime of violation of the Road Traffic Act (in the case of the defendant's violation of the Road Traffic Act).
However, in full view of all the circumstances favorable to the defendant, such as the confession of the defendant to commit the crime of this case, and the fact that the defendant's vehicle was against his mistake through a prison life for about four months, that the defendant's vehicle was subscribed to liability insurance and paid about one million won to the victim, that the defendant deposited KRW 5 million in the court below for the victim, and that the defendant additionally deposited KRW 1 million in the court below for the victim, etc., and other circumstances favorable to the defendant, such as the defendant's character and conduct and environment, the background and result of each of the crimes of this case, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the sentence imposed by the court below is somewhat inappropriate, and the above argument
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below.