특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The defendant does not pay the above fine.
1. The punishment sentenced by the original court in the summary of the grounds for appeal (two months of imprisonment and fine of three hundred thousand won) is too unreasonable.
2. In light of the fact that the Defendant had been sentenced to a fine for driving without a license on seven occasions and was under suspension of the execution of one year and four years of imprisonment due to the crime of extortion in 2015, etc., the Defendant was sentenced to the suspension of the execution of one year and four years of imprisonment. However, considering the fact that the Defendant, while driving the lebane under the re-license without a license, was shocked to the lebbane, which was driven by the lebane and did not properly look at the lebane, and escaped without taking any relief measures, it is difficult to deny that the crime of this case and its possibility of criticism is somewhat weak.
However, the defendant's attitude of recognizing and opposing the error in the trial is taking place; the defendant does not want the defendant's punishment by mutual consent with the investigative agency; the victim's injury or damage to property is hard to be deemed to be severe; the crime of this case differs from the crime of this case; the defendant has no record of being sentenced after around 2007; the crime of this case has no record of being sentenced after the crime of this case; if the defendant is sentenced to punishment due to the crime of this case, the suspension of execution will be invalidated; however, the above circumstance seems to be somewhat harsh in light of the nature of the crime of this case, possibility of criticism, and the defendant's health condition, etc. should also be considered as important in determining the punishment of the defendant.
Considering the above circumstances and the overall circumstances such as the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after the crime, etc., the sentence sentenced by the court below is too heavy.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.