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, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the court below (one year of imprisonment) is too unreasonable.
2. In light of the contents of the crime and the circumstances following the crime, although the crime of this case is deemed to be light in light of the nature of the crime and the circumstances following the crime, the defendant has no record of being punished for the same crime, and there is no record of criminal punishment other than once a fine, and it is difficult to view that damage caused by the crime of this case is relatively serious. The defendant committed the crime of this case at the latest when he was in the trial, and his mistake is divided in depth, the defendant reached an agreement with the victims, as well as the situation where the defendant must support his children and his mother, and considering various sentencing conditions as shown in arguments such as the defendant's age, character and behavior, environment, motive, means and result of the crime, the above argument of the defendant is deemed to be unfair, and therefore the above argument of the defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are 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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Criminal Act, the suspension of execution;