교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The summary of the grounds for appeal (one year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service) is too unfluent and unreasonable.
2. It is also recognized that there are favorable circumstances for the defendant, such as the fact that the vehicle driven by the defendant is covered by a comprehensive insurance, that the victim's failure to cross without permission is not less than that of the victim, that there are children who should support the defendant, and that the defendant repents his mistake in depth.
However, in light of all kinds of sentencing conditions indicated in the records of this case, such as the circumstances unfavorable to the defendant, such as the defendant's age, character and conduct, method of criminal conduct, and circumstances after the crime, the sentence of the court below against the defendant is somewhat unreasonable, and thus, the prosecutor's assertion on this issue is justified.
3. The decision 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, since the prosecutor's appeal is well-grounded.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the Selection of Imprisonment without prison labor;