특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
The sentence (ten months of imprisonment) imposed by the lower court on the accused of the gist of the grounds for appeal is too unreasonable.
The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.
Judgment
The defendant is driving on an expressway in a dangerous form, thereby causing injury to the victim while leaving the site, and the crime of this case, which has escaped as it is, is bad to the quality of the crime, and there are many criminal records related to violence, are disadvantageous to the defendant.
However, in full view of the circumstances favorable to the defendant, such as the defendant's age, family relation, relationship, sex, environment, means and method of crime, motive and circumstance of crime, etc., the sentence imposed by the court below is somewhat unreasonable and unreasonable, and the defendant's allegation is justified, and the prosecutor's allegation above is without merit, since the defendant's allegation is justified. The defendant's allegation is justified. The defendant's allegation is without merit. The defendant's assertion is without merit. The defendant's assertion is justified. The defendant's assertion is justified.
In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Re-written judgment] In addition to the alteration of the facts constituting an offense and the summary of evidence acknowledged by the court below and the summary of the evidence, the judgment below is the column for each of the judgment below in addition to the alteration of the "1. Part of the defendant's legal statement" in the 5th sentence of the judgment below to "1. The defendant's legal statement at the court below".