특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (one year of imprisonment, five years of suspended execution, community service, 400 hours of compliance driving, 40 hours of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.
2. The instant crime of determining the grounds for appeal is an act of causing a traffic accident by the Defendant, resulting in the death of the victim who walked on the road, immediately stopping the victim without providing relief, and resulting in the death of the victim, and thus, it is not good to punish the Defendant with strict punishment.
However, in light of the fact that the defendant recognized the crime of this case and there is no history of punishment heavier than a fine, the victim was aged and suffering from dementia at the time of this accident, and the traffic accident of this case occurred on the road at night, the victim's negligence seems to have affected the occurrence of this case. The defendant's bereaved family does not want the punishment of the defendant, and considering the defendant's age, character, character, environment, criminal record, criminal record relation, circumstances leading up to the defendant's crime of this case, means and result, and circumstances before and after the crime of this case, the defendant's punishment of the court below is too unreasonable, and the defendant's allegation of unfair sentencing is unfair.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column 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)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts shall be sentenced to limited imprisonment.