특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The defendant asserts that the main points of the grounds for appeal are too small to the court below's punishment (one year and six months of imprisonment), and that the prosecutor is too unhued and unreasonable.
2. The Defendant, without complying with the yellow on-and-off signal, got a victim who was on a stroke by a direct fault while driving a stroke, died of the victim who was on a road, and escaped without taking any measures.
In addition, the defendant parked a vehicle in a material warehouse to conceal the crime after the accident of this case, there are some circumstances of drinking driving, and the defendant has already been punished twice due to drinking driving.
However, the defendant is against the facts charged, and the female does not want to be punished against the defendant under the consent of the victim's bereaved family members, and the vehicle operated by the defendant is covered by a comprehensive insurance.
In addition, the following day after the occurrence of the case, the defendant voluntarily surrendered, and was detained for about six months, and was given an opportunity to repent, and his/her family members and branch members want to take the measures against the defendant.
Furthermore, the victim's negligence (in the case of a vehicle coming from the opposite part in the road, if there is a vehicle coming from the opposite part in the road, the victim is driving the vehicle of the defendant, but the victim was driving the vehicle, but he was driving the vehicle, and the safety spawn has not been loaded).
In addition, comprehensively taking account of the following circumstances: Defendant’s age, environment, character and conduct, occupation, background leading to the crime, and circumstances after the crime, etc., the sentence of the lower court is unreasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is delivered again after pleading.
An appeal by a prosecutor is groundless, but is by a defendant.