특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. There are extenuating circumstances, such as the fact that the injured party does not want to be punished against the accused, and the fact that the injured party does not have a criminal record, by simply agreement with the victim of the traffic accident, that the injured party does not have a criminal record.
On the other hand, the Defendant, while making a high alcohol level of 0.250% in blood without a driver's license on October 1, 2015, was driving without a driver's license on or around October 1, 2015. While being investigated for the above crime, the Defendant, while driving a vehicle at the time of the above drinking without a driver's license on November 10, 2015, went off the scene of the accident without taking measures, such as aiding the victim who caused the instant traffic accident by negligence in violation of the signal, causing human and material damage, and thus, the offense is very bad, and the Defendant has been punished several times for traffic crimes including a driver's without a driver's license. In particular, the Defendant was under the influence of two vehicles with high alcohol level of 0.268% in blood in 201 and was under the influence of two vehicles to the victims and was under the influence of the vehicle beyond the central line after getting out of the vehicle due to damage and damage of the injured vehicles.
In full view of the following facts: (a) two victims have been sentenced to a suspended sentence of two years for one year due to traffic accidents causing two victims the injury of four weeks and five weeks; (b) one year of imprisonment; (c) one year of a suspended sentence has been sentenced to a fine of two million won; (d) one person has been driving without a license in around 2013; and (e) another person has committed the instant crime of the same kind in the same time, so it is difficult to expect that the Defendant will not repeat the offense; and (e) a minor punishment would be difficult to expect that the Defendant will not repeat the offense.
The court below, including the above circumstances, shall have the overall circumstances concerning the sentencing of the defendant.