특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below (one year of imprisonment) is too unreasonable.
2. In the judgment of the court, the defendant does not want the victims' punishment by mutual consent with the victims, and such a fact should be taken into account in sentencing.
In full view of the above change of circumstances and other circumstances that form the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character, conduct and environment, the lower court’s punishment is somewhat unreasonable.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted 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 committed in relation to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Changes in circumstances as seen in the judgment on the grounds of appeal for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the age, character and conduct, environment, etc. of the defendant.