특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. After filing the instant appeal on September 10, 2015, the Defendant, who is not obligated to submit a written reason for appeal within 20 days from the receipt of the legal records of trial, and the Defendant’s petition of appeal does not contain any reason for appeal even in the Defendant’s petition of appeal.
2. We examine ex officio determination.
Since the defendant escaped without taking necessary measures in spite of having injured the victims of a traffic accident and damaged property, the liability for the crime is not easy.
However, the defendant agreed with the victims after the judgment of the court below was sentenced, and there was no criminal record exceeding the fine.
In addition, the sentence of the lower court is too unreasonable in light of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.
Therefore, the judgment of the court below can no longer be maintained.
3. In conclusion, the court below did not decide to dismiss an appeal against the defendant on the ground that the defendant did not submit the grounds for appeal on the ground that the above reasons for reversal are reversed, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding parts 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 subparag. 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, Article 151 of the Road Traffic Act, Article 46 subparag. 2 of the former Guarantee of Compensation for Automobile Damages (Amended by Act No. 12987, Jan. 6, 2015); Article 8 of the former Guarantee of Compensation for Automobile Damages (amended by Act No. 12987, Jan. 6, 2015).