특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the defendant runs away without taking any particular measure despite causing a traffic accident while driving under drinking, and caused the second traffic accident in the process, and thus, the nature of the crime is not weak, and the defendant has a record of having been punished several times including punishment for the same crime, etc. is disadvantageous to the defendant.
On the other hand, the defendant recognized all of the crimes of this case, and the degree of injury to victims and damage to damaged vehicles is relatively relatively less weak.
It appears that the Defendant’s vehicle is an automobile comprehensive insurance policy, and the Defendant has agreed with the victims of this case by mutual consent with the victim F.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s above assertion is with merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 44(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the escape after causing occupational negligence), Articles 148 and 54(1) of the Road Traffic Act (the point after causing damage to property), and the aggravated punishment of specific crimes.