특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence of eight months of imprisonment, two years of suspended execution, and 80 hours of community service imposed by the court below against the defendant is too unreasonable.
2. The crime of this case is acknowledged that the defendant's driving of the truck of this case caused a traffic accident that damages the above vehicle and the truck while driving the truck of this case by changing the vehicle from the first lane to the second lane, and caused the victim's driving D's driving car that was normally driven along the second lane to be changed to the third lane, causing a sudden change of the vehicle line to the third lane, thereby causing the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver'
However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes in the course of the trial, thereby against his mistake; (b) the degree of damage is relatively minor; and (c) the Defendant’s truck driver’s cargo is covered by a comprehensive motor vehicle insurance policy, and thus, it appears that the victims’ damage can be actually recovered; (d) there is no history of criminal punishment except a fine imposed on December 10, 2003; (b) there is no doubt about the economic situation; and (c) other circumstances that form the conditions for the sentencing specified in the records, such as the Defendant’s age, environment, family relationship, occupation, and the background of the instant crime, etc., the sentence of the lower court is unreasonable.
Therefore, the defendant's argument is justified.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are stated in the summary of the evidence of the court below.