특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The crime of this case committed by the escapeing after leaving the expressway at night, even though the incident of drilling was caused at night, is not good.
The Defendant, even prior to the instant case, has caused a traffic accident caused by drinking driving and has been sentenced to a suspended sentence of imprisonment, and the instant crime was committed during the suspended sentence of imprisonment due to the instant crime.
On the other hand, the defendant shows his attitude to reflect on recognizing the crime.
The victims have ordered victims to recover from damage through insurance management, and they do not want to be punished by the victims in the first instance.
In addition, comprehensively taking account of the defendant's age, character and conduct, circumstances surrounding the crime, means and consequence, circumstances after the crime, etc., the court below's punishment is deemed to be too unreasonable and unfair (However, the defendant's appeal is reasonable in light of the accident of this case and the risk of escape). 3. The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below is again decided as follows after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the
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, Article 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting the crime (a point of the measure not to be taken after the accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1547, Apr. 2, 201)