교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended execution, three years of community service, 200 hours of participation in compliance driving, and 40 hours of participation in compliance driving) of the lower court is too unreasonable.
2. In full view of the arguments and the reasons for sentencing indicated in the records of the instant case, including the following: (a) nine years have elapsed since the Defendant was punished for drunk driving; (b) the instant accident and the injury of the victim therefrom are relatively minor; (c) the vehicle driven by the Defendant was covered by a comprehensive insurance; (d) the blood alcohol level measured at the time of the accident was 0.106%; and (e) the Defendant had no criminal power to be punished in excess of the fine; and (e) the Defendant’s age, character, environment, and social ties relationship; and (b) the Defendant’s punishment seems to be unreasonable, and thus, the Defendant’s assertion of unfair
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading
【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) and Article 44(1) of the Road Traffic Act among concurrent offenders who commit a crime, the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act among concurrent offenders;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;