교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (10 months without prison labor) is too unreasonable.
2. Determination as follows: (a) the instant traffic accident occurred due to Defendant’s occupational negligence; and (b) the occurrence of injury to the victim during the period of less than 20 weeks of injury, such as undermining the victim’s brain injury, etc., which requires approximately 20 weeks of treatment, is disadvantageous to the Defendant.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that the defendant reached an agreement with the victim, the defendant did not have any other criminal record than a fine once for the crime of this case, and the occurrence of the traffic accident of this case seems to have caused the negligence of the victim who neglected the duty of prior caution, and the occurrence of the traffic accident of this case, etc., the defendant's age, sexual conduct, environment, background of the crime of this case, circumstances before and after the crime of this case, and various other circumstances that are conditions for sentencing as shown in the argument of this case and the record, it is recognized that the punishment of the court below is too unreasonable, and therefore the defendant's assertion
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. According to Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant in determining the grounds for appeal), the following factors are comprehensively taken into account: (a) the sentence is to be determined as per Disposition.