교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, and the suspension of compliance driving for 80 hours) is too unreasonable.
2. The judgment of the defendant caused this accident in the child protection zone, the victim's injury is severe, and about 33 years ago, but there is a punishment of fine due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.
However, at the time of the accident in this case, there was no fault of the defendant in speed violation or signal violation, and the victim stopped in front of the left side of the defendant's driving direction with the left side of the defendant's driving side, and even though the victim stops in the crosswalk without permission, there are circumstances that can be considerably considered for the defendant in relation to the situation of the accident in this case, such as entering the front side of the defendant's vehicle with the front side while crossinging the crosswalk without permission, etc., the defendant shows an attitude of recognizing and opposing the defendant's mistake, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, the defendant's vehicle is covered by the victim's agreement with the victim, the victim's side is not subject to punishment against the defendant, and the defendant does not have any criminal record except for the crime in this case, the court below's punishment is too unfair considering all the sentencing conditions and the records of the argument in this case, such as the age of the defendant, relation to the victim, the details and contents of the crime in this case, and the circumstances after the crime in this case
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Reasons for Judgment] Criminal facts and the summary of evidence recognized by the court below and the summary of evidence are identical to each corresponding part of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;