특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (two years of suspended sentence in August, community service order, 160 hours of community service order and 40 hours of order to attend a compliance driving course) that the court below sentenced is too unreasonable.
2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance to the Defendant, on the following grounds: (a) due to the negligence of changing the lane toward one lane to the opposite direction while driving a motor vehicle; (b) the victim D driving the motor vehicle in normal driving at the left side of the left side; (c) the victim D and the victim F, who is the passenger, suffered from the injury requiring two weeks of medical care; (d) the case was destroyed by the said motor vehicle for the repair cost of KRW 4,761,240 and escaped without taking necessary measures, such as aiding the victims; and (e) the case was not weak; and (e) the Defendant did not reach an agreement with the victims.
However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of each of the crimes in this case, the victim's injury is not severe, the defendant's automobile was covered by the liability insurance, and the defendant's automobile was partially recovered from damage due to urology, such as urology and urology, and the defendant's personality and behavior and environment favorable to the defendant, the circumstances and results of each of the crimes in this case, and the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is somewhat unreasonable, and therefore the above argument by the defendant is reasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;