교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
The punishment of the lower court (fine 1.5 million won) is too unreasonable.
Judgment
In full view of the fact that the defendant agreed to pay 300,000 won to the victim in the trial of the party, and that the surface was slicked due to the snow immediately before the accident of this case occurred, the sentence of the court below is deemed unfair.
Therefore, the defendant's assertion of unfair sentencing is justified.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant agreed to pay KRW 300,000 to the victim in the trial before the occurrence of the accident in this case, the road was dissatisfed in the snow immediately before the occurrence of the accident in this case, the insurance company paid the victim medical expenses and the amount in the name of the agreed amount, and the accident in this case occurred by the defendant's negligence in the middle line. The occurrence of the accident in this case occurred by taking into account all the factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime in this case.