특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The defendant is driving in a state of the master alcohol concentration of 0.135% in blood alcohol concentration.
In light of the fact that other automobiles have escaped without any relief measures, 3 persons were injured due to the above accident, 1 of them suffered serious injury in need of approximately 8 weeks medical treatment, the defendant did not reach agreement with the victims of the other vehicle, and the fact that he has been punished by a fine for the same kind of criminal record, etc., it is recognized that the defendant needs to be punished for severe punishment corresponding to the liability for the crime.
However, in full view of the various circumstances, including the fact that the Defendant recognized the instant crime and divided it in depth, the Defendant agreed with the victim F, and the fact that the Defendant appears to have partially paid the victim C and E medical expenses, and that the Defendant has no record of being sentenced to suspension of qualification or more severe punishment, etc., the lower court’s punishment is somewhat heavy, in view of the following circumstances, including the background of the instant crime and the Defendant’s age and happiness environment.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 related to the crime, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148, 54(1) of the Road Traffic Act, Articles 148, 148-2(2)2 and 44(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime