교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor) is too unreasonable.
2. The Defendant committed the instant crime, even though he/she had the record of punishment for the same kind of crime, including the suspended execution, and the degree of injury suffered by the victim is not less than that of the Defendant’s disadvantage.
However, the fact that the defendant's mistake is recognized by the court below, the defendant deposited five million won for the victim at the court below's trial, and the victim did not want the punishment against the defendant but rather want the defendant's preference. The vehicle of the defendant's driver was covered by the motor vehicle comprehensive insurance, and the social relation of the defendant is relatively clear, etc. are favorable to the defendant.
When comprehensively considering the above circumstances and the sentencing conditions indicated in the records, such as the defendant's age, sex, family relation, health, environment, motive for committing a crime, and circumstances after committing a crime, the sentence of the court below is deemed unfair.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
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, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the
1. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered by taking into account the various circumstances examined in the judgment of Article 62(2) of the Criminal Act with the reason for sentencing.