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 sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In full view of the circumstances that are unfavorable to the defendant, the defendant's negligence is heavy in the occurrence of the traffic accident of this case, and the fact that the defendant runs away without taking necessary measures, and that the nature of the crime is not good, etc., the court below's judgment recognizes and reflects the defendant's crime, the defendant's act of violation, the defendant's name and the remaining victims in the trial, the defendant's initial crime without any criminal power, and other circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., the court below's punishment is somewhat inappropriate. Thus, the defendant and his attorney's allegation of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);