특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The instant crime committed by the Defendant, while driving a crosswalk in the state of full intake, did not take relief measures even after the Defendant got the victim who dried the crosswalk pursuant to the new code, and led to the death of the victim immediately. In light of the content of the crime, the gravity of the result, etc., the liability for the relevant crime is very heavy, in light of the fact that the blood alcohol concentration is considerably higher than 0.169%, and the victim’s bereaved family did not yet agree with the victim’s bereaved family. The victim’s bereaved family members want to be punished against the Defendant, and the victim’s bereaved family members want to do so is disadvantageous to the Defendant.
However, the court below held that the defendant was aware of the crime of this case, and deposited a total of KRW 18 million for the victim's bereaved family members, deposited a total of KRW 10 million in the court below's judgment, deposited an additional sum of KRW 10 million for the victim's bereaved family members, and the vehicle operated by the defendant was partly paid insurance money to the victim's bereaved family members, and appears to have been partly compensated for damage due to the victim's subscription, the defendant immediately surrenders himself/herself, and had been punished twice due to drinking driving, but there were favorable circumstances, such as the fact that the defendant was punished by a fine, but all of it was supported by the defendant's age, sex behavior, environment, method, circumstances, criminal records, criminal records, and family relations, etc., and other factors of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is unfair.
3. As such, the Defendant’s appeal is with merit. Accordingly, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is again decided as follows after pleading (to the extent that the lower judgment is reversed by accepting the Defendant’s wrongful assertion on