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, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.
2. In full view of all the sentencing conditions in the records and arguments, including the following facts: (a) agreement with the victim N, etc. was reached in the course of investigation; (b) the victim J deposited KRW 2.5 million for the victimJ; (c) the comprehensive insurance was subscribed to; and (d) there was no penalty imposed once for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2009; and (c) the attitude of considerable reflection during the three-month detention period; and (d) the sentence imposed by the court below is unreasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended sentence [decision of a sentence] The range of punishment [decision of the recommended sentence] the basic area [where illegality in the basic area of punishment is serious (special mitigation factors) and the proviso of Article 3(2) of the School Specialized Law (special aggravation factors)] [the range of punishment sentenced] imprisonment between August and June 2.