교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence of the lower court (10 months of imprisonment without prison labor, 2 years of suspended execution, and 40 hours of education) is too unreasonable;
2. The lower court determined a punishment within the aggravated area by applying the “in the event of serious injury” and the proviso (excluding subparagraph 8) of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents as an aggravated factor in the sentencing guidelines for traffic crimes, and applying the same to “in the case of serious injury” or “in the case of bad driving.
However, "in the case of serious injury" in the above sentencing guidelines means the case where the victim's bodily injury results in a danger of life, influence, or influence or incurable disease, and "in the case of a serious accident or influence" in the proviso of Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents means the case where the victim's bodily injury falls under more than two proviso, or the case where the "influence or influence" falls under one proviso, or the case corresponding thereto is applicable to the case of a cruck driving, or the case falls under one proviso. It does not constitute
Therefore, this case, as an element for mitigation of sentencing guidelines, determines a punishment within the mitigation area by applying the “unsatisfying (including serious efforts for recovery of damage)” as an element for mitigation of sentencing guidelines, but the lower court determined the punishment within the mitigation area as above.
In this respect, the sentencing of the court below is unfair.
3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.