특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (six months of imprisonment and one year of suspended execution) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We examine both the sentencing of the Defendant and the Prosecutor as well.
The crime of this case is that the defendant, while driving a vehicle, escaped without any relief measure even though he gets injured by the victim walking along the crosswalk, and the nature of the crime is not weak.
However, it is reasonable to consider the following: (a) the Defendant was aware of the facts constituting a crime when it comes to the trial; (b) the Defendant was not in violation of the signal; (c) the existence of the victim walking near the start point of walking at the time of changing the pedestrian signal from green, etc., which would have been difficult for the Defendant to anticipate easily; (d) the Defendant’s net damage from the start of the trial would not be very heavy; (c) the Defendant’s vehicle was covered by a comprehensive insurance; (d) the Defendant’s vehicle was covered by a comprehensive insurance; (e) the Defendant was the first offender with no criminal history; (e) the Defendant was supported by two children; (e) the Defendant was unable to obtain a long-term driver’s license when the sentence is imposed due to the instant crime; and (e) there is concern that there is a concern that there is a problem in maintaining livelihood.
In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.
3. If so, the defendant's appeal is reasonable and the prosecutor's appeal is groundless. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is accepted, and Article 364 of the Criminal Procedure Act is accepted.