특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of 6 million won imposed by the court below against the defendant is too unreasonable.
2. The judgment of the court below is recognized that each of the crimes of this case committed by the defendant while driving a motor vehicle by negligence, which caused the traffic accident of the victim driving a motor vehicle driving on the right side from the left side of the running direction of the defendant, caused the injury to the victim, and also escaped without any rescue measures such as destroying the motor vehicle of the victim and destroying the motor vehicle of the victim, etc.
However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case, thereby against his mistake; (b) sought the statement that a person who stolen the goods owned by the company intends to dispose of them at the intermittent value; (c) was driving a motor vehicle in order to find the goods by drinking away from the scene; (d) there are circumstances to be considered in the course of committing the crime in this case, such as: (a) the degree of damage is relatively minor; (b) the degree of damage is deposited for the recovery of damage; (c) the vehicle deposited money for the recovery of damage; (d) the vehicle would have been covered by a comprehensive insurance; and (e) there are no economic circumstances such as filing an application for bankruptcy and exemption; and (e) other economic conditions such as the Defendant’s age, environment, family relationship, occupation, and the background of the crime in this case, etc., the sentence of
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Criminal facts;