특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The Defendant, while under the influence of alcohol content 0.148%, runs away without taking any measures despite having caused a traffic accident. In the course of tracking the vehicle driven by the Defendant, it is necessary to strictly punish the Defendant in the course of other traffic safety.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) appears to have an opportunity to sufficiently reflect the Defendant’s living in custody for a certain period of time; (c) the Defendant agreed with the victims; (d) the Defendant did not have any same criminal record; and (e) there was no record of criminal punishment except for the punishment imposed twice by a fine for a long time; and (d) other various circumstances, which are the conditions for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the sentence imposed by the lower court is somewhat unreasonable; and
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.