특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the judgment, the Defendant, while driving a motor vehicle that was not covered by mandatory insurance, caused a traffic accident and thereby resulting in personal and physical damage, and the Defendant escaped without taking any measures. The fact that the nature of the crime is inferior, etc. is disadvantageous to the Defendant.
On the other hand, the fact that the defendant is led to confession and reflect, the degree of personal and material damage is not serious, there is no record of crime, and the victims do not want the punishment by agreement with all the victims of the traffic accident at the time of the trial, etc. are favorable to the defendant.
In full view of the various circumstances, including the circumstances added in the trial at the above time, as well as various other circumstances, which form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed unfair because the sentence imposed by the Defendant is too unreasonable. As such, the Defendant’s argument among the two kinds of
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 judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 subparag. 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 (a) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (a mandatory insurance) concerning the crime.