특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 20 million won.
The above fine shall not be paid by the defendant.
1. Summary of the grounds for appeal: Imposition of the penalty (limited to eight months in prison and two years in suspended execution);
2. Determination
A. It is true that there is a need for a strict punishment of the Defendant on the grounds that the Defendant’s liability was very high at the time of his blood alcohol concentration, by examining the judgment on the assertion of unfair sentencing, and that the Defendant’s escape after having caused an accident due to drinking driving, and the Defendant’s blood alcohol level was also high.
However, in light of the following factors: (a) the Defendant led to the instant crime; (b) the degree of injury to the victim or the degree of damage to the vehicle is minor; (c) paid additional agreed money in addition to dealing with the accident under automobile insurance; and (d) the victim wants to take the Defendant in advance at the time of the trial; (b) the Defendant was the first offender who has no criminal history; (c) the Defendant is willing not to drive under the influence of alcohol again while selling the vehicle; and (d) the fact that there is a family member to support the vehicle; and (c) the fact that there is a family member to support the vehicle, etc., the Defendant’s age, character and behavior, environment, family relationship, motive and method of the crime; and (d) the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, are considered unreasonable.
Therefore, the defendant's assertion of unfair sentencing is accepted.
B. We examine ex officio determination and the laws and regulations applied by the court below.
(1) First, since the date of the occurrence of the instant case on December 11, 2018, it is deemed that Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); however, the lower court applied Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019).
In fact, on December 24, 2018, “A” was written as “ December 14, 2018.”
(2) Furthermore, the lower court did not err by misapprehending the legal doctrine on the injury to escape.