특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case.
1. Summary of grounds for appeal by the defendant;
A. In light of the legal principle, the Defendant did not recognize the fact that the Defendant suffered bodily injury at the time of the instant case, which was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and did not recognize that it was necessary to take relief measures against H. Therefore, the Defendant did not have any criminal intent to commit the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. (2) Although the Defendant damaged the entrance door, etc. at the victim I’s “G” store in the course of the instant violation of the Road Traffic Act (U.S. after-accident), the location was not on the road, not on the road, but on the road, the strike due to an accident was not scattered, and the victim was not in a situation likely to track the Defendant, so it was not required to take any measure against the Defendant to prevent and remove traffic danger and obstacles that occur on the road and ensure safe and smooth traffic. Accordingly, even if the Defendant left the site after the damage, it cannot be viewed as a rate of violation of the Road Traffic Act (M
B. In light of the circumstances, such as the fact that the defendant is against unreasonable sentencing, the fact that all the victims agreed with, and the fact that he must support his family, the punishment for 10 months sentenced by the court below is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the part of the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged by the prosecutor as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, (i) the Defendant neglected to do so despite the forum, and (ii) the part of the charges against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, (ii) the Defendant was unable to drive normally under the influence of alcohol as above.