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 is unreasonable because the punishment of eight months of imprisonment sentenced by the court below is too unreasonable.
2. In light of the substance and method of the crime, the degree of damage, etc. of the crime of this case committed by the defendant, the fact that the crime of this case was committed with heavy weight in light of the nature of the crime, and that there was a record of punishment of a fine of three times due to drinking driving, etc.,
However, the court below stated that the defendant led to confession of the facts of the crime of this case and made a statement that his mistake will be divided in depth, and that the court below deposited 2 million won for the victim D, deposited 3 million won for the victim D, paid 3 million won for the victim D and F in the trial, and the victims did not want the punishment, and the vehicle involved in the accident has some time of reflectness through the life of detention for about 2 months, the vehicle involved in the accident can be considered to have been covered by the liability insurance and the compensation for the medical expenses is presumed to have been processed. The economic situation is not sufficiently sufficient, the defendant's age, character and behavior, intelligence and environment, balance with the general sentencing in the same or similar case, and other various circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and behavior, intelligence and environment, the motive, means and result of the crime of this case, the circumstances after the crime, family relations, health conditions, etc., it is reasonable to maintain the sentence of this case. Thus, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.