특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of the grounds for appeal: Imposition of the penalty (one year of imprisonment, two years of suspended execution, and 160 hours of community service order);
2. The judgment of the court below is based on the following facts: each of the crimes of this case committed by the defendant, which led the defendant to fall down the victim vehicle after causing a traffic accident due to the median of the central line, without taking any measures, and the nature of the crime is bad, and this constitutes a situation where the defendant is not liable with heavy responsibility
However, in light of the fact that the defendant was found to have committed each of the crimes of this case, the fact that the driver's vehicle is covered by a comprehensive insurance, the fact that there is no record of punishment for the same kind of crime, the fact that the denial of the defendant suffers from dementia, and the fact that it is necessary to care by the defendant, and other factors of sentencing prescribed in Article 51 of the Criminal Act, the sentence of the court below is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court are as follows. The summary of evidence is identical to the description of the judgment below in addition to changing "1. The defendant's partial statement" from the first head to the "1. The defendant's trial statement". Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
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 and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after destroying or damaging property);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act shall be determined as per Disposition in consideration of the various circumstances described earlier;