특정범죄가중처벌등에관한법률위반(도주차량)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
3.Provided, That this judgment has become final and conclusive.
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant, while neglecting his duty of care on the front side of the road, did not take necessary measures to shock the victim who was walking in the same direction on the right side of the front side, and thereby resulting in the death of the victim and resulting in the death of the victim, and the nature and circumstances of the crime are very heavy.
However, in full view of the fact that there is no history of punishment imposed by the defendant beyond a fine, and that the defendant commits the crime in this case, and reflects his mistake in depth by recognizing the crime in this case, that the defendant agreed smoothly with the bereaved family members of the victim at the time of the trial, that the negligence of the victim walking on the road at night also caused the accident in this case, and other various circumstances that form the conditions for sentencing in this case, such as the defendant's age, character and conduct, environment, family relationship, etc., it is deemed that the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);
1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);