특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and two hours of community service order) declared by the court below is too unreasonable.
2. The crime of this case committed by the defendant while driving a motor vehicle is due to the negligence of changing the two lanes from one lane to two lanes just just after leaving the vehicle in the future, and the victim C driver's vehicle in the course of driving the motor vehicle, and the victim E, who is the victim C and the passenger, suffered bodily injury requiring two weeks of medical treatment, and the case is disadvantageous to the defendant because the defendant escaped without taking necessary measures, such as aiding the victims, even if the repair cost is destroyed by a motor vehicle, etc.
However, in full view of the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the degree of injury of the victims, the automobile driven by the defendant is relatively minor, the liability insurance is subscribed to, and the victims do not want punishment, and the defendant is in the position to support his family, and other circumstances that are conditions for sentencing specified in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable. Thus, the above argument by the defendant is reasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 and Article 268 of the Criminal Act concerning the crime committed.