도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (10,000,000 won of fine) is too unhued and unreasonable.
2. The defendant shows his attitude to reflect in depth the error.
The degree of damage of damaged vehicles is not significant, and the victim does not want punishment against the defendant.
Many people who are engaged in volunteer activities together with the defendant want to take a preference to the defendant.
On the other hand, the defendant is driving in the state of full blood alcohol level (0.232%, the defendant's own police and the prosecution to the extent that the traffic accident cannot be memory at all).
The accident did not take any measure even after destroying the damaged vehicle and escaped. The distance of the vehicle driven in the state of full-time.
The Defendant had been punished for drunk driving in 2016, and in particular, the instant crime was committed during the suspension of the execution of imprisonment due to violent crimes.
The social demand is high to punish the repeated driving of drinking and driving in the state of drinking, and the law has been actually amended.
It is not appropriate to sentence a fine to the defendant who has driven under the condition of detention without being involved during the period of suspension of execution.
In addition, considering the various factors of sentencing as shown in the pleadings, such as the defendant's age, living environment, motive and background of the crime, relationship with the victim, and criminal records, the sentence of the court below is too uneasible and unfair.
The prosecutor's assertion of unfair sentencing is justified.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading
[Discied reasoning for the judgment of multiple court] As such, it is identical to the description in the corresponding column of the judgment of the court below on criminal facts and evidence, it shall be quoted as it is in accordance with
Application of Statutes
1. Article 148 of the Road Traffic Act applicable to the crimes and the choice of punishment; and