특정범죄가중처벌등에관한법률위반(도주차량)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. The judgment of the defendant has a history of punishing the defendant for the suspension of the execution of imprisonment with prison labor due to the same crime, and the crime of this case is very heavy since the defendant neglected his duty to protect pedestrians at the crosswalk and did not take necessary measures despite the shocking of the victim who driven the crosswalk by negligence and inflicted bodily injury on the victim, thereby leading the victim to the death, without taking necessary measures.
However, in full view of the following circumstances: (a) the Defendant’s bereaved family members agreed with the victim’s bereaved family members and the victim’s bereaved family members want to take the preference against the Defendant; (b) the Defendant voluntarily surrendered the Defendant on the day following the instant crime; and (c) the recognition of the instant crime; and (d) other circumstances that seriously reflect the Defendant’s mistake; and (e) the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
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 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;
1. It is so decided as per Disposition for reasons more than Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the favorable circumstances among the reasons for reversal).