특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. In light of the records of judgment, the Defendant had been punished for four times due to drunk driving in the past and three times due to unlicensed driving in the past. Nevertheless, the Defendant, while driving without a license, caused a traffic accident and attempted to flee while causing a traffic accident, is disadvantageous to the Defendant.
However, in full view of all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, occupation, family relationship, etc., including the fact that the Defendant is recognized as all of the crimes of this case, the fact that it was agreed with the victims during the trial, and that the victims did not suffer an injury, etc., the Defendant’s assertion is reasonable, since it appears that the Defendant’s punishment is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;
1. Crimes provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (unclaimed Measures after Accidents), and crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against C of the largest criminal penalty (the injury by Jeju);