특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 1 and 2 of seized evidence shall be taken by the defendant respectively.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. The judgment of the court below not only caused personal and material damage to the victims by causing a traffic accident, such as the statement of the facts constituting the crime in the judgment below, but also escape without taking necessary measures, such as aiding the victims after the occurrence of the accident in this case, and the responsibility for the crime is very heavy.
However, the defendant reflects his criminal act, is divided, and the degree of each injury and the degree of physical damage of the victims are not much serious.
The Defendant agreed with the victim H, F, and L, respectively, at the time of the trial.
In addition, considering the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and background of crime, method and result of crime, circumstances after crime, etc., the sentence of the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as the corresponding column of the judgment of the court below. Thus, they are cited 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 committed in relation to the relevant criminal facts, Article 268 of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, respectively.