특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The crime of this case is very poor because the defendant's driving without a driver's license led to the death of the victim who dried the crosswalk by force due to the negligence of the defendant's driving of a motor vehicle at the left, and caused the death of the victim without any relief measures, and the crime of this case was committed without delay and its nature is very poor.
The defendant has already been punished for driving alcohol four times.
The young young young young victims were dead and their bereaved families are suffering from the mental pain, and their bereaved families are getting harsh punishment for the defendant by refusing to receive deposit money.
Although the vehicle is covered by the comprehensive motor vehicle insurance, it seems that the insurance is applied to the victim within the scope of liability insurance due to the defendant's unauthorized driving.
As such, there is an unfavorable circumstance against the defendant.
However, the defendant's mistake is recognized and divided.
At night, while the victim was a pedestrian red signal, he/she was involved in the accident of this case while crossinging the crosswalk without permission, and the victim was also negligent in the occurrence of the traffic accident.
The defendant was able to voluntarily attend the investigative agency on the basis of his family opinions.
The defendant deposited 20 million won against the bereaved family members of the victim.
These points are favorable to the defendant.
In full view of the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. According to the conclusion, the defendant's appeal is reasonable, and therefore, Article 364 (6) of the Criminal Procedure Act is applicable.