특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the suspended sentence of KRW 3 million) is too uneasy and unreasonable.
2. Determination
A. It is recognized that the Defendant led to the confession of the crime, the fact that the Defendant was the primary offender, the fact that the Defendant was the primary offender, the number of victims did not differ, and the fact that the lower court agreed smoothly with the victim.
B. However, the Defendant, while driving a motor vehicle with alcohol content of 0.090% in blood, went away without taking necessary measures, such as aiding the victim after having suffered an accident. In addition, in order to avoid the tracking of the police vehicle that had been observed in the vicinity, the Defendant was driving at the opposite direction, and was punished for the escape, such as driving at the opposite direction, driving at the police station, and driving at the opposite direction. Accordingly, the Defendant did not stop even after blocking the front of the police vehicle according to the police vehicle and the Defendant, and continued leaving the police vehicle. In full view of the fact that the nature of the crime is very bad, and other various circumstances, such as the Defendant’s age, background of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed to be unfair because it is too uneasible and unfair.
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
1. Statement by the defendant at court in some cases;
1. The statements made by each court below in the court below for witness K and L;
1. A traffic accident investigation report and a traffic accident occurrence report;
1. A copy of the ledger using a drinking measuring instrument, notification of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;
1. Application of Acts and subordinate statutes to the scene of accidents and photographs of accident vehicles;
1. Specific crimes provided for in the relevant Act regarding criminal facts.