특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
, however, for five years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The punishment of the court below (two years and six months of imprisonment) is too unreasonable.
Judgment
Although the Defendant had been punished for drinking, he again committed the instant crime.
The Defendant, while driving under influence, failed to take necessary measures against the victim due to negligence in violation of the duty of exploiting and neglecting the duty of exploiting, and caused the result of the death of the victim. The nature of the instant crime is heavy.
However, considering the fact that the defendant does not repeat again while opposing his mistake, the negligence of the victim who was sitting on the road after stopping without putting an emergency light on the two-lanes of the new wall, seems to be the main cause of the occurrence of the traffic accident in this case, the defendant agreed smoothly with the bereaved family members of the victim at the investigation stage, the defendant did not immediately flee at the accident scene, and the escape from the accident site was due to the failure to properly grasp the situation of the accident in the mental and yellow situation, and the time is not about one hour, and the place of leaving the accident site is also not about one hour. The place of leaving the accident site is also seen to be near the accident site, the defendant's driver's car is being covered by a comprehensive insurance policy, and the defendant was faithfully serving in military service despite a minor mental disorder, and considering various sentencing materials such as the background of the crime in this case, the circumstances after the crime, the age, character and conduct of the defendant, etc., as a whole, the defendant's assertion is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.
Criminal facts
Criminal facts and summary of evidence recognized by this court are the gist of the evidence of the judgment below.