특정범죄가중처벌등에관한법률위반(도주차량)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of order to attend a lecture) declared by the court below is too unfasible and unreasonable.
2. Although the defendant agreed with the victim and recognized the crime of this case and seriously reflects his mistake, the crime of this case is deemed to be unfair in light of the following circumstances: (a) the defendant, who had been already punished by imprisonment for the same kind of crime, etc. on several occasions; (b) was driving a vehicle at a severe drinking level of 0.200% with a blood alcohol concentration of 0.20%; (c) was inflicted an injury on the victim; and (d) did not take necessary measures even after the damaged vehicle was damaged, and the nature and circumstances of the crime are very poor; and (d) other various circumstances, which form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the sentence of this case is too inappropriate.
3. In conclusion, the prosecutor'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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized 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; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of a sound driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is the case.