특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and police officer (one year of imprisonment with prison labor and two years of suspended sentence, and 40 hours of attending the law-abiding driving lecture);
2. We can take into account the following factors: (a) the Defendant led to an offense; (b) the Defendant made a criminal agreement with E among the victims; and (c) deposited a total of KRW 6.5 million for the rest of the victims.
However, the defendant's blood alcohol concentration was very high (0.186%) and the victim's three injury and the complete wave of the damaged vehicle are heavy, even though the traffic accident occurred, the responsibility for escape is heavy.
In the past, the defendant has been sentenced to a suspended sentence of imprisonment with prison labor due to the crime of this kind and criminal records of this kind.
In full view of these circumstances, there is a need to take measures for the suppression of recidivism against the defendant, but the punishment determined by the court below is not sufficient.
Therefore, I will accept the prosecutor's question that points out this issue.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Judgment of the court below] The summary of facts constituting an offense and evidence recognized by the court below is the same as the corresponding column of the court below's judgment. Thus, it is cited as it is 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, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Various circumstances are examined prior to the sentencing of Article 62-2(1) of the Criminal Act.