특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. The method and nature of the crime of this case are considerably inferior, such as the defendant's theft of another person's vehicle and escape without taking relief measures even though it causes a traffic accident, and the defendant was punished by a fine for the so-called crime of the so-called "the so-called death penalty" around June 2007, which is the transfer of the crime of this case. Thus, there is a need to punish the defendant strictly.
However, the court below's punishment is too unreasonable in light of various sentencing conditions shown in the arguments of this case, such as the defendant's age, occupation, relationship between the defendant and the victims, and the situation after the crime, etc., in light of the following: (a) the defendant made a confession of all the facts of the crime, the defendant committed the crime of this case while drinking alcohol, (b) the defendant voluntarily surrenders to the investigation agency at latest; (c) the victim and the victim have been detained for four months; and (d) the court below's punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with 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. Article 329 of the relevant Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 201) concerning the crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of the Road Traffic Act to Victims G (mutual measures against accidents and punishment).