특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendant, while driving under the influence of alcohol, escaped without any relief measures after the collision with the victim and causing the death of the victim. The Defendant, while driving under the influence of alcohol, escaped at once and after the police enforcement, and refused to take a drinking test even after the arrest. In view of the nature of the instant crime, the degree of damage, the circumstances after the commission of the instant crime, etc. are very poor, and the blood alcohol content is considerably high as 0.174%, Defendant should be punished strictly.
However, in full view of the following: (a) the fact that the Defendant fully recognized the crime; (b) the Defendant was detained for about five months in the instant case; (c) the age is the first offender; (d) the victim’s bereaved family members have reached an agreement at the trial; and (e) other various sentencing conditions indicated in the records and arguments, including the character and conduct, environment, family relationship, and motive and circumstance of the crime, the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.
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.
(Inasmuch as an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed on the separate order). Criminal facts and summary of evidence acknowledged by the court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 3
Application of Statutes
1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)1 of the Criminal Act concerning criminal facts and the choice of punishment.