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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment and two years of suspended sentence) is too unfased and unreasonable.
2. The circumstances are favorable to the following: (a) the Defendant recognized the instant crime; (b) the vehicle driven by the Defendant was covered by a comprehensive motor vehicle insurance; and (c) the victim E agreed with the victim; and (d) deposited certain money for the Victim G.
However, it is reasonable that the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to four months of imprisonment with prison labor for an injury or one year of suspended execution on August 8, 2014 by the Daejeon District Court sentenced on August 19, 2014, which became final and conclusive on August 19, 2014, and was under suspended execution. The Defendant committed the instant crime without taking necessary measures, such as immediately stopping traffic accidents and providing relief to victims, and the Defendant committed the Defendant’s crime, which is extremely poor in the quality of the crime of escape, and the fact that two victims were injured due to the Defendant’s crime and that there was no agreement with one of them.
In addition, in full view of the Defendant’s age, sex, environment, means and consequence of the crime, the circumstances after the crime, and the various sentencing conditions indicated in the instant case, such as the records and changes, the lower court’s punishment is too uneasible and deemed unfair. Therefore, the prosecutor’s above assertion is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), and Road Traffic Act concerning the crime in question.