특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two hours of community service order, 120 hours of community service order, 40 hours of compliance driving lecture) of the lower court is deemed to be too uneasy and unreasonable.
2. The Defendant, who recognized the facts charged, reflects the facts charged, and the family members and branch members of the Defendant want to find the Defendant’s wife.
However, the Defendant did not take any measures against the Defendant, even though the Defendant was able to recover from the victim’s damage due to the negligence of driving on the sidewalk, and the Defendant escaped. There was no part of his efforts to recover the damage, and the Defendant was admitted to the liability insurance, which was driven by the Defendant, and so the Defendant did not sufficiently compensate the victim for the damage.
In addition, comprehensively considering all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is deemed unreasonable.
3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each 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. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;