교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (eight months) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. The defendant and prosecutor's unfair arguments in sentencing together with each other, and the crime of this case was committed by the defendant's mistake in driving in violation of the signal and causing injury to the victim of the crosswalk, which requires approximately 14 weeks medical treatment, such as the closure of the body frame on the right side of the road. It is recognized that the crime of this case was committed with heavy liability.
However, considering the following facts: (a) the Defendant led to the confession of the crime, and committed the crime, there is no history of punishment heavier than the fine, and there is no history of punishment for the same kind of crime; (b) the piracy vehicle has subscribed to a comprehensive motor vehicle insurance; (c) the victim has reached an agreement with the victim; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;
1. Article 62(1) of the Criminal Act (the foregoing) provides for the suspension of execution.