교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the court below (two years of suspended sentence to six months of imprisonment) on the summary of the reasons for appeal is too unreasonable.
2. The defendant has been sentenced to a fine due to the same crime, and the corresponding punishment is needed.
However, considering all of the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s opposite nature, driving distance is very short, driving background and accident circumstance, the victim’s injury is relatively minor, the victim desires to take the Defendant’s wife several times, and the Defendant’s age, sex, environment, family relationship, motive, and circumstances after committing the crime, the lower court’s punishment is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part 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. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;