특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., five years of imprisonment) is too unreasonable.
2. The circumstances unfavorable to the Defendant, such as the Defendant’s escape without taking any measures to avoid an accident of human life, the occurrence of serious consequences, such as the victim F’s death, and the blood alcohol concentration at the time of the Defendant’s accident, are considerable.
However, although the defendant recognized the crime of this case, the first offender, although it was not agreed with the victims, the court below deposited KRW 20 million for the victim F's bereaved family members, and KRW 50 million for the victim G, and made efforts to reach an agreement by depositing the victim F's bereaved family members for the victim's bereaved family members in the court below, and further deposit KRW 10 million for the victim F's bereaved family members at the time of the accident of this case. It was difficult for the victim at the time of the accident of this case, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances before and after the crime of this case, etc., are considered to be somewhat difficult to take account of the circumstances surrounding the accident of this case, and other factors of punishment of this case such as the defendant's age, character and behavior, environment, motive and consequence of the crime of this case, etc.,
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime.