교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) rendered by the lower court is too unreasonable.
2. In full view of the circumstances surrounding the instant accident, the Defendant’s age, family relationship, health status, criminal records, etc., as well as the reasons for sentencing indicated in the arguments and records, the sentence imposed by the lower court is unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] The criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except where the defendant's statement in the "court statement of the defendant" is changed to the "court statement of the defendant" as stated in the "a summary of evidence" column, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;