교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (six months without prison labor) is too unreasonable.
2. In light of the circumstances, details, etc. of the crime of this case, the crime of this case is not good, the degree of injury suffered by the victim is not less severe due to the crime of this case, etc. However, in full view of the following factors: (a) the defendant led to the crime of this case; and (b) the defendant led to the confession and reflect of the crime of this case; and (c) the defendant agreed smoothly with the victim during the trial; and (d) other various sentencing conditions in the records and arguments, such as the defendant’s age, character and character environment, and circumstances before and after the crime, the court below
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Re-written judgment】 The criminal facts and the summary of evidence against the defendant recognized by the court are the same as the entries 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act on an order to attend a course;