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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. The lower court’s sentence (15,000,000 won) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.
2. The judgment of the defendant reflects the crime, the degree of injury suffered by the victims is relatively minor, and the fact that the defendant, who agreed with the victims, wanted to take the action against the defendant is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant committed the crime of this case again during the probation period due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
The crime of this case is a case where the defendant runs away without taking proper relief measures against traffic accidents, and is a bad crime.
Furthermore, the defendant seems to have escaped because he was aware of the accident by drinking while driving alcohol while drinking alcohol.
On the other hand, the fact that the defendant reflects the crime, the degree of injury suffered by the victims is relatively minor, and the fact that the defendant wanted to take the action against the defendant by mutual consent between the victims and the victims is favorable.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 or injury caused by duty) and the Road Traffic Act concerning the crime in question.