교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
, however, for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (10 months) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the Defendant caused the instant accident that a pedestrian shocks the crosswalk by negligence in contravention of the signal, and the degree of the breach of the duty of care is not less than that of the Defendant, and the victim suffered injury that requires approximately six weeks of medical treatment due to the instant accident, etc. are disadvantageous to the Defendant.
However, the defendant's mistake is contrary to the recognition of his own mistake, and the victim does not want punishment for the defendant by mutual consent with the victim after the judgment of the court below is rendered.
There is no record that the defendant has been punished as the same criminal history.
Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【The reasons for the judgment of multiple times】 The facts constituting a crime against the defendant recognized by the court and the summary of the evidence are the same as the corresponding part of the reasoning of the judgment of the court below. Thus, it is decided to accept them as they are in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Determination of the sentence as ordered by comprehensively taking account of the factors of sentencing prior to the reasons for sentencing under Article 62-2 of the Criminal Act.