특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (ten months of imprisonment) is too unreasonable;
2. The judgment defendant's act is highly likely to be subject to criticism even after the defendant has caused a traffic accident in violation of the signal while under the influence of alcohol.
In addition, the result of the crime of this case, such as the victim's injury requiring treatment for about 8 weeks, is serious.
At the time, the blood alcohol concentration of the defendant is considerably high by 0.246%.
These circumstances are disadvantageous to the defendant.
On the other hand, the fact that the Defendant recognized the Defendant’s act of committing the instant crime and reflected in depth and immediately after the instant crime, that the Defendant voluntarily surrenders to the Defendant, that the victim was not punished by agreement with the victim, that the mother and the branch of the Defendant wanted the Defendant’s wife, and that the Defendant did not have any criminal record is favorable to the Defendant.
In addition to this point, the sentence of the court below is deemed to be too unreasonable in light of various circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following decision is rendered through pleading.
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 related to the relevant criminal facts, Article 268 of the Criminal Act (the point of escape after occupational injury) Articles 148, 54 (1) of the Road Traffic Act (the point of failing to take measures after occupational injury) Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving after occupational injury);
1. Trade name;