특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. Determination
A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) A considerable part of the circumstances asserted by the Defendant as an element favorable to sentencing in the trial of the lower court was discovered in the course of the pleadings of the lower court, and there is no particular change in circumstances related to the matters which are conditions for sentencing after the sentence of the lower court is rendered.
Although the defendant made a confession of the crime when he was in the trial for the defendant, the victim is not wanting to punish the defendant, and the degree of traffic accident is not significant, the defendant went to the crime during the suspension period of execution for the same kind of crime, and the degree of alcohol level is very high, and the situation of escape such as the victim's attack during the escape period, escape is very poor. In light of the vindication in the course of investigation and the trial of the court below, the crime is committed.