특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, and 80 hours of social service) of the lower court is deemed to be too uneasible and unfair.
2. The following facts are favorable to the Defendant.
The defendant reflects his fault.
In the court below, the defendant deposited one million won for the victim.
The degree of injury suffered by the victim is relatively minor.
On the other hand, the following is disadvantageous.
The defendant was driving a vehicle not insured under a license without a license and caused a traffic accident, and was locked for about 1 year and 11 months until he/she was arrested.
did not receive a letter from the injured party.
In 2006, the defendant caused a traffic accident and escaped, and has been punished as a suspended execution after being set away for about three years.
In 2012, while driving a passenger car which is not covered by mandatory insurance, the driver was punished by a fine and the fine was not paid after the victim escaped even though the victim was killed, and the driver was punished by a violation of the Guarantee of Compensation for Motor Vehicles Act.
As such, it is inevitable to punish the defendant with repeated attitude of light of law and order.
In addition, considering the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as a whole, various sentencing conditions specified in the records and arguments, etc., the lower court’s punishment is somewhat unaffortable and unfair, and thus, the Prosecutor’s assertion is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows after pleading.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below.