특정범죄가중처벌등에관한법률위반(도주치사)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.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.
2. Although the Defendant caused a traffic accident resulting in the death of the victim, the Defendant immediately lowered the victim and escaped without taking necessary measures, and the possibility of criticism for such act is very large.
In addition to the circumstances such as the fact that the defendant drives in the influence of alcohol, the result of the crime due to the death of the victim, and the fact that the vehicle operated by the defendant is not covered by mandatory insurance, there is sufficient need for strict punishment.
This is an inevitable condition that the sentence is imposed on the defendant.
However, there are the following favorable circumstances for the defendant:
The Defendant is an initial offender who has no criminal record.
Not only agreed with theO, which is the bereaved family of the victim, but also theO appeared as a witness in the trial despite the exchange of labor, and again tried to clarify the intent of the defendant to be punished as a witness in the trial.
Before a long time after the accident, the Defendant expressed that he was the driver of the accident to the police officer who returned to the accident site and called out.
On the other hand, the victim crosses a place other than the crosswalk without permission during the new wall hours.
It seems that the victim is negligent in the occurrence of the accident even if he/she was involved in the accident.
The above circumstances are indicated in the sentencing guidelines established by the respective Supreme Court sentencing guidelines as the special mitigation factors for “a crime of escape after death” among “a crime after traffic accident” (a victim is also at considerable negligence in the occurrence of a traffic accident or the expansion of damage, the number of self-denunciation and the exemption from punishment).
In full view of the above circumstances together with various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the sentence imposed by the lower court is too vague.