Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence of one year of suspended execution, 120 hours of community service order and 40 hours of lecture attendance order for compliance driving is too unreasonable for six months of imprisonment sentenced by the court below.
2. The crime of this case is acknowledged in the following cases: (a) the Defendant’s failure to take any measures to destroy the damaged vehicle due to negligence while driving the vehicle and leaving the site without taking any measures; (b) the Defendant’s negligence is grave in the occurrence of the instant accident; (c) the damage has not yet been agreed with the victim; and (d) the damage has not been recovered; and (c) the Defendant has a history of punishment for the same kind of crime.
However, in full view of all the circumstances, including the Defendant’s full recognition of the instant crime and the Defendant’s mistake, the fact that there was no record of punishment for the same kind of crime for the last three years, the Defendant is disabled and the Defendant appears to be difficult to implement the order of the community service order or the compliance driving lecture due to the lack of current health, and the economic difficulties are faced with the Defendant’s age, environment, occupation, family relationship, and the circumstances leading to the instant crime, etc., the sentence of the lower court seems to be somewhat unreasonable.
Defendant’s assertion is with merit.
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 of this case is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant laws concerning criminal facts, Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), and the Road Traffic Act; and