특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case is extremely poor in light of the circumstances and contents of the crime of this case, such as the occurrence of injury to the victims while driving under high blood alcohol concentration level without taking measures such as providing relief to the victims immediately, etc. The crime of this case was committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the degree of injury suffered by the victims C and E is not less weak due to the crime of this case, and the criminal records of the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes were committed once. However, it seems that the defendant led to the defendant's confession of all the crime of this case and sent time of reflect while living in custody for more than three months, and the defendant voluntarily attended the police station within two hours after leaving the scene of the crime of this case and responded to drinking measurement, the victims and victims agreed so that they want the Defendant's front line, and the defendant's age was less than five years prior to and after the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the court below judged that the defendant was subject to criminal punishment other than the defendant's punishment.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.