도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. It is clear that the defendant needs to give more severe warning to the defendant, considering the circumstances such as the fact that the defendant had been punished four times or more due to driving without a license but has been driving in the state of a license without a license twice again during the period of repeated crime by previous criminal records in the judgment of the court below, and that the defendant has escaped only once during the period of repeated crime.
However, the following should be taken into account: (a) the defendant's wrong recognition and reflective attitude; (b) the degree of damage to the traffic accident of this case is relatively minor; (c) the defendant deposited KRW 1 million in the future of the victim in the trial; and (d) the fact that the court below's judgment with the crime of this case and the crime of violation of the Road Traffic Act, which are concurrent crimes after Article 37 of the Criminal Act, should be taken into account in favor of the defendant.
When considering the above circumstances and other circumstances such as the defendant's age, sex, family relationship, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.
The decision is judged.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (in the absence of any measure after an accident), Articles 152 subparag. 1, 43 (in the absence of a license) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.