교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in August) is too unreasonable.
2. Determination is that the Defendant was not negligent in neglecting his/her duty of care on the front left left right and left right, and that the Defendant suffered serious injury, such as the Plaintiff’s abundance of the two structural frames requiring eight weeks’ medical treatment, etc., due to the instant accident.
However, despite the fact that the defendant is recognized as committing the crime and is against the victim, the victim was faced with an accident while crossing the road of this case, which is four-lanes of the victim without permission, despite a crosswalk that does not have any signal signal at the ground, the victim's error was significantly affected in the accident of this case, the defendant's vehicle is covered by a comprehensive insurance, although there is a history of criminal punishment for the crime of this case in the past, there is no record of the same kind and traffic-related power, the defendant's health status is very good, and the defendant's family's family members want to grow up with the preference, and in particular, the defendant's age, sex, environment, motive and means of the crime, the result, the situation before and after the crime of this case, etc., it is determined that the court below's punishment is too unfair, considering all the favorable circumstances, such as the defendant's age, sex, environment, the motive and consequence of the crime of this case, and the circumstances before and after the crime of this case.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Punishment of an alternative imprisonment without prison labor;