특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) by the court below is deemed to be too uneasy and unfair.
2. The crime of this case is deemed to have escaped after the defendant driven a vehicle in a drinking condition, caused a traffic accident by shocking the victim's vehicle, and the nature of the crime is not good. However, it is relatively minor that the defendant had no criminal record, damage, the vehicle of the defendant was covered by a comprehensive motor vehicle insurance, the defendant agreed with the victim after the crime of this case, and the defendant reflects the defendant's full recognition of the crime of this case, and reflects the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and circumstance before and after the crime. The sentencing guidelines do not apply to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dou vehicle) and the Road Traffic Act (after the accident) recommended in the sentencing guidelines of the Sentencing Committee.
It is so indicated that it will be a lawsuit.
[Scope of Recommendation] Traffic Group, Type 1 (Desertion after Injury), Special Mitigation element: In the event of minor injury, where the penalty is not imposed (including serious efforts to recover damage), and where illegality in the proviso of Article 3(2) of the School Special Act is more severe. The scope of the recommended sentence: Imprisonment with prison labor for not less than 6 months but not more than 10 months (whether to suspend the execution of sentence): In the event of minor injury, the principal reason for the commission of punishment is not imposed. In the event of minor injury, the illegality in the proviso of Article 3(2) of the School Special Act is more serious. General reason for the commission of deliberation (unlawful). In light of the clear social relationship, the existence of criminal records before suspension of the execution, and the purchase of a comprehensive motor vehicle insurance policy, the sentencing of the court below is determined to be appropriate, and it is not deemed unfair because it is too unfford.
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