특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. Determination of each of the crimes of this case is a case where the defendant escaped without any measure after the defendant paid a traffic accident due to drinking driving, and the defendant escaped without any measure, and at the same time without taking any measure, in light of the content of the crime and the degree of damage, etc., the nature of the crime is relatively high, and the defendant committed each of the crimes of this case during the period of repeated crime due to the crime of this case, and the fact that the defendant committed each of the crimes of this case while the defendant committed the crime of this case again during the period of repeated crime due to the crime of this
On the other hand, it is favorable for the defendant to the extent that the defendant is recognized as all of his mistake, the degree of injury of the victims is relatively minor, the vehicle of the defendant is covered by the automobile comprehensive insurance, and the defendant does not want punishment against the defendant under the agreement with the victim D, F, and G.
In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the court below is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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. Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts and Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.