특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
2. The instant crime was committed by the Defendant without taking any relief measures after a traffic accident, and the nature of such crime is not good in light of the content of the crime, etc. that is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognized the mistake of the defendant, there is no criminal history against the defendant, the victim does not want the punishment of the defendant by agreement with the victim, the victim wanted the defendant's wife in the trial, and the social relation of the defendant seems to be clear, are favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 5-3 (1) 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 (a point where measures are not taken after an accident), and the choice of fines, respectively, concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so ordered as per Disposition in consideration of various circumstances, etc. examined in the determination of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.