특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, suspension of execution for two years, community service for not more than 80 hours, and an order to attend a compliance driving course for not more than 40 hours) by the court below is too uneasible and unfair.
2. In addition to the previous convictions on the violation of the Road Traffic Act (driving at night) at least twice, the Defendant had been punished by a fine for the crime of assault and violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, Etc. at Nighttime). At the time of the instant crime, the Defendant’s blood alcohol concentration is very high as 0.293%, and the Defendant found the damaged vehicle while driving on a narrow road in a narrow state without a license for drinking and without a license for drinking, and shocked the damaged vehicle due to negligence proceeding at the center of the road while driving the said vehicle, resulting in an injury to the victim who driven the said vehicle, without taking necessary measures such as aiding and abetting the victim, and thereby escape without taking necessary measures such as aiding and abetting the victim, which is disadvantageous to the Defendant.
On the other hand, there are no criminal records more severe than fines for the defendant, and the fact that the defendant agreed with the victim C smoothly is more favorable.
In addition, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court on the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are more severe punishment among the crimes of this case, such as the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, and circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission on the crime of violation of the Aggravated Punishment, etc. of Specific Crimes (aggravated Punishment) (aggravated Punishment): Where the illegality of the proviso of Article 3 (2) of the Aggravated Punishment Act is serious (aggravated Punishment, etc.), the mitigated element is serious (a decision on the area of recommendation): The basic area [a person who is a general person] that does not constitute a repeated crime: (b) the same criminal record [the scope of imprisonment with prison labor] that is not a repeated crime.