특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal conviction or more than imprisonment without prison labor, and the degree of damage is relatively heavy, the sentence of the court below is too unreasonable.
Therefore, 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
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by 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; Articles 148, 54 (1), 151, and 152 subparagraph 1 and 43 of the Road Traffic Act; Articles 347 (1) and 260 (1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment without prison labor and imprisonment with prison labor for the remaining crimes, respectively, for a crime of violating the Road Traffic Act’s selective punishment;
1. Of concurrent crimes, the former part of Article 37 and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act;