특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine the judgment, and consistently recognize the Defendant’s mistake from the beginning of the instant investigation to the court of the first instance.
The defendant agreed with all victims for the time of the trial, and the victims want to leave the defendant's wife.
It is also necessary to consider that the Defendant has no record of criminal punishment before the instant case.
The Defendant had been detained on December 12, 2017 and detained for approximately two months on December 12, 2017, and had sufficient opportunity to return his/her own life and to reflect the instant crime.
I seem to appear.
In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relationship, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.
[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 54(2)1 and 44(1) of the Road Traffic Act, as to the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driving alcohol)
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination)] and violation of the Road Traffic Act against the victim H (after the accident).