교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The sentencing of the lower court (2 million won in penalty) is too unreasonable in light of the gist of the grounds for appeal.
2. Determination
A. In light of the fact that the crime of this case was committed by the Defendant while driving a van without mandatory insurance and causing injury to the victims by causing a traffic accident, and that it is not good to the quality of the crime due to the damage of the damaged vehicle, that is not agreed with the victims, and that it is in the previous case, the Defendant’s responsibility is not somewhat weak.
B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not guilty of imprisonment for the age of 71, and that the Defendant led to the death of the victim, and that the victim’s injury and the degree of damage of the damaged vehicle are not heavy.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the family relationship, living environment, motive, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.
3. The appeal by the defendant is with merit, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 151 of the Road Traffic Act (a point of operating an automobile with no liability insurance) concerning criminal facts; Articles 46(2) and 8 of the Guarantee of Automobile Compensation Act (a point of operating an automobile for which no liability insurance is provided);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents and the Punishment for the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes and Crimes of Violation of the Road Traffic Act, the punishment and punishment against D with the largest punishment);
1. Selection of each alternative fine for punishment;
1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than that of the punishment).