특정범죄가중처벌등에관한법률위반(도주차량)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
3.Provided, That this judgment has become final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.
2. The instant crime was committed by the Defendant, while driving a car at his own house and parked, without finding the victim who was accumulated on the lower floor behind the direction of the vehicle, and led to the death by driving the vehicle into the lower body part of the vehicle, but the crime was very heavy for the Defendant to move the victim to another place and abandon the victim to the other place and escape.
On the other hand, the defendant is attempting to commit a crime and is against the wrongness.
The fault of the victim in the occurrence of an accident is very large.
The defendant deposited KRW 40 million with the victim's bereaved family member as a person who is the truster. After the judgment of the court below, the victim's bereaved family member paid KRW 10 million with the agreed amount, and the victim's bereaved family member does not want the defendant's punishment.
The defendant is the first offender with no criminal history, the age of 80 years, and the social relationship is clear by living together with his or her husband and wife, grandchildren, and grandchildren, including his or her wife.
In full view of all circumstances, including these circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing specified in the records of this case, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's argument 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.
【Inasmuch as the judgment of dismissal is the same as the facts constituting the crime and the summary of the 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, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.