특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that from the date of this judgment.
1. The court below dismissed the prosecution as to the violation of road traffic law due to the damage of negligent property among the facts charged in the instant case, and convicted the remainder of the facts charged.
However, since only the Defendant appealed on the conviction part of the judgment below and did not appeal all the prosecutor and the Defendant regarding the dismissal part of the public prosecution, the dismissal part of the judgment below became final and conclusive as it is.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.
3. The crime of this case is found to have been committed by the Defendant while driving a vehicle without a license while driving the vehicle at the same time, causing injury to the victims of a traffic accident, and escape without taking any measures despite the damage of the damaged vehicle, and the Defendant did not take over the vehicle and did not transfer the ownership without justifiable grounds, and operated a vehicle which was not covered by mandatory insurance, and its nature is not good in light of the details and circumstances of the crime.
However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant has committed the crime of this case, the degree of injury suffered by the victims is relatively minor, the victim E and G agreed in the original trial, the victim I and the defendant agreed to have been living in custody for more than two months in the first instance trial, the defendant has the time to live in custody for more than two months due to this case, and the principle of equity with the case where the first head judgment of the crime of this case in the original judgment of the original court is to be judged simultaneously with the crime of this case, and the defendant's age, sex, sex, environment, background, method of the crime, circumstances after the crime of this case, and criminal record, etc., the sentence imposed by the court below is unreasonable.
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