특정범죄가중처벌등에관한법률위반(도주치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.
2. The defendant is driving under influence of alcohol.
The fact that the occurrence of a traffic accident and the stop of the victim, without taking relief measures against the victim, has escaped and caused the death of the victim, and the victim and his/her bereaved family members seem to have suffered serious pain due to the instant crime, and the fact that the defendant has been punished due to the drinking driving and the violation of the Road Traffic Act (the aftermath of the accident) is disadvantageous to the defendant.
On the other hand, the fact that the defendant received a letter from the bereaved family members of the victim, and that the defendant seems to have recognized all of the crimes and to reflect on it is favorable to the defendant.
In addition, the lower court’s punishment is deemed unfair because it is too inappropriate in light of the following factors: (a) comprehensively taking into account the circumstances of the instant crime; (b) the circumstances after the instant crime was committed; (c) the Defendant’s age, character and conduct; (d) family environment; and (e) the sentencing guidelines determined by the Supreme Court’s Sentencing Committee.
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.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except for the case where the defendant's partial statement "1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 3. 369 of the Criminal Procedure Act is applied.
Application of Statutes
1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act shall escape from traffic accidents