교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.
2. The circumstances favorable to the defendant include the following: (a) the Defendant’s criminal act committed in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”); and (b) the victim, who received compensation from the Defendant, does not want the punishment
However, the crime of this case was committed by the defendant while driving a motor vehicle which is not covered by the insurance without a driver's license, and it is not very good to commit another accident while being investigated into the accident. The defendant was punished eight times from 200 to 209 by the same crime. Since May 2009, the defendant was exposed to six times between the crime of this case and 3 years, and was subject to criminal punishment for being exposed to driving without a driver's license or driving without a driver's license and was sentenced to six times between the crime of violation of the Road Traffic Act (unlicensed Driving) on March 23, 2012. In particular, the defendant committed the crime of this case without a driver's license again only once a week after being sentenced to two years of suspended sentence of imprisonment with prison labor for the violation of the Road Traffic Act (Unlicensed Driving) on March 23, 2012, while being issued with a request of the investigative agency to attend this relation, and was under arrest and control after being issued a warrant of arrest.
Therefore, in light of the above circumstances such as the defendant's criminal records, the behavior and character, motive and circumstance of the crime, the means and consequence of the crime, etc., the court below's punishment is deemed to be too uneasible and unreasonable.
The prosecutor's argument pointing this out is with merit.
3. According to the conclusion, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act by accepting the prosecutor’s appeal, and the following judgment is rendered again after pleading.
Criminal facts
b) the summary of the evidence and evidence.