특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.
2. The judgment of the Defendant, without taking any relief measures despite having taken a traffic accident, runs away from the investigation agency, and the victims’ damages have not been recovered for a long time due to the prolonged escape from the investigation agency.
However, in full view of the favorable circumstances, such as the fact that the defendant is against the defendant, there is no history of punishment for the same kind of crime and there is no history of punishment exceeding the fine, that the defendant subscribed to a comprehensive insurance and paid insurance proceeds to the victims, that the defendant does not want to be punished by the victim L, M and original consent, that the above victims made efforts to recover late damage by depositing certain money for other victims, etc., and other sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;