특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The crime of this case in determining the grounds for appeal is an unfavorable circumstance to the defendant, where the defendant under the influence of alcohol driven a vehicle, and then escaped and brought about the death of the aged while driving the vehicle, and the cause of the occurrence of the accident is entirely caused by the negligence of the defendant, and the crime is not good.
However, the fact that the defendant is deeply divided and reflected in the crime of this case, the sum of KRW 20 million in the original court and the trial court shall be paid as agreed money, and the victim's bereaved family members seek the preference against the defendant, the vehicle operated by the defendant is covered by a comprehensive insurance contract, the victim's bereaved family members are covered by a settlement recommendation order in civil litigation between the victim's bereaved family members and the insurance company, and the victim's bereaved family members are paid insurance money from the insurance company, the defendant's age, character and behavior, career, environment, the background and result of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case such as the defendant's age, character and behavior, career and environment, the circumstances after the crime of this case, etc. are considered as unfair (two years and six months of imprisonment).
2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
(Inasmuch as the lower judgment is accepted and reversed, the prosecutor’s appeal shall not be dismissed separately from the disposition). Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the lower judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 148-2(2) of the Road Traffic Act.