beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence of the court below (eight months of imprisonment) is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case committed by the defendant without taking any measures against traffic accident causing physical damage in drinking condition, and caused a traffic accident causing human damage to the victim who escaped. One of them is the victim's four, and the degree of injury is more than 0.144%, and the degree of blood alcohol concentration is more than 0.14%. In particular, in light of the fact that the defendant was sentenced one suspension of execution due to the crime of violation of the Road Traffic Act in the past and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, the defendant is not less than the defendant's liability, but is less against the defendant's confession and depth. The court below agreed with the victim H in the judgment of the court of the court below that the victim was not punished (the counsel's remaining victims in the trial, who submitted the agreement to the court of the court of first instance as well as the circumstances of the defendant's age too much after considering all other circumstances such as the defendant's family relationship.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense, respectively;