교통사고처리특례법위반(치상)
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. Summary of grounds for appeal;
A. The instant accident was not caused by mistake of facts by the Defendant.
B. Unreasonable sentencing (six months of imprisonment without prison labor, two years of suspension of execution, probation, and 40 hours of order to attend a compliance driving lecture).
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant, as stated in the facts constituting the crime in the judgment below, has caused approximately seven weeks of damage to the victim's right-hand frame, due to the shocking of the front part of the taxi driving by the defendant at the right-hand side of the taxi driving.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion of unfair sentencing, the Defendant’s attempt to change the car line in the white-ray section is unreasonable, and the degree of injury suffered by the victim is significant, but instead instead, the Defendant is responsible for the instant accident to the victim, and even before the taxi driver, even though he had been sentenced three times to a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), the fact that the Defendant again caused the instant traffic accident is disadvantageous to the Defendant.
However, considering the fact that the defendant does not want the punishment of the defendant in the trial of the court, the victim appears to have recovered from the H Financial Cooperative, and the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentence of the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the following decision is rendered.
[The reasons for multiple judgments].