특정범죄가중처벌등에관한법률위반(도주차량)
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 sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. On the part of the defendant, there was a result of the victim’s death due to the negligence of the defendant, and there was no agreement with the victim’s bereaved family members.
However, the Defendant is against the charge, and the Defendant’s vehicle is subscribed to the Mutual Aid Association; the time when the instant accident occurred is about 4:0 square meters from the new wall; at the time of the instant accident, the victim was living in a place near the center line in the two-lane road; and the victim’s negligence contributed to the occurrence of the accident and the expansion of damage.
In full view of the fact that the Defendant appears to have no record of punishment, as well as twice the fine imposed on the Defendant, and other various circumstances, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.
3. The decision 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 after pleading as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime, and Article 268 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. Application of the sentencing criteria;
(a) Determination of type: traffic [19] traffic, 02. The escape after traffic accidents (Type 3], and escape after death (the death after escape);
(b) Special sentencing factors: Reduction factors (where there are gross negligence on the occurrence of traffic accidents or the expansion of damage to the victim);
(c) General sentencing factors: mitigation factors (mutual aid associations.