특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six 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 original court (six months of imprisonment) shall be too vague and unfair.
2. Although the Defendant caused the instant traffic accident, in light of the following circumstances, the need for severe punishment against the Defendant is still deemed to exist in light of the following: (a) the victim was unable to accurately memory the situation of the accident due to the shock of the accident; (b) the victim was committed as a witness of the traffic accident, and attempted to conceal the crime; (c) the degree of damage to the victim was serious; and (d) the instant traffic accident was shocked by the victim who was a crosswalk according to the pedestrian signal, and the nature of the crime is not good.
However, considering the circumstances such as the fact that the defendant had changed his attitude of denying criminal facts when he was in the trial and led to the confession of all of them, there is no specific criminal records other than the fine prior to about 10 years and one time other than the defendant, the vehicle driven by the defendant is covered by a comprehensive insurance, the fact that the defendant's vehicle is covered by the comprehensive insurance, the defendant's agreement was reached in the trial, the defendant's child to be supported, and his mistake was remarkably divided through his prison life for about 3 months, it is not reasonable to take into account. In addition, taking into account the following factors, taking into account the age, character and behavior, intelligence and environment of the victim, circumstances leading to this case, and various circumstances, which are conditions for sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is somewhat unreasonable.
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 evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is "1. The defendant's partial statement" in the summary of the evidence.