특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six 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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The crime of this case is not against the nature of the crime because the defendant escaped without taking measures such as aiding the victims, even though the defendant caused a traffic accident.
The defendant has a variety of history of violation of the Road Traffic Act.
The defendant refused to be summoned again without being absent on the date of pronouncement of the original judgment.
On the other hand, the following conditions are favorable.
There is no heavy criminal punishment against the defendant exceeding the fine.
The degree of injury suffered by the victims is relatively minor.
The vehicle operated by the defendant was covered by a comprehensive automobile insurance, and the victims were paid insurance money, and the victims do not want punishment in the trial.
In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted 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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution is advantageous to Article 62(1) of the Criminal Act.