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, the period of three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too heavy (eight months of imprisonment).
2. The Defendant committed each of the instant crimes with drinking alcohol even though he had a previous conviction, such as driving without a license or driving under drinking.
However, in light of the fact that the defendant led to the crime of this case, and the vehicle operated by the defendant is also disposed of, the possibility of re-offending is low.
I seem to appear.
The damage of the victim is not relatively serious.
The victim and the victim have fully recovered the damage by mutual consent, and the victim does not want the punishment of the defendant.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 48-2(2)2, and 44(1) of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act (a non-licensed driving) concerning the crime;
1. The punishment provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crimes of violation of the Road Traffic Act (or the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) with no more punishment. The crimes of violation of the Road Traffic Act (toxicly Driving) and the crimes of violation of the Road Traffic Act (non-licenseless Driving) are added.