교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The punishment for six months of the imprisonment without prison labor declared by the court below is too unreasonable.
2. In the judgment, the defendant is driving the vehicle in this case.
In light of the defendant's negligence and degree of damage, the defendant's liability is heavy. The defendant's subscription to liability insurance is being treated as a victim's comprehensive insurance, and the defendant's failure to agree with the victim's victim's punishment is recognized, but the defendant's failure to agree with the victim's victim's punishment is recognized, but the defendant's failure to repeat the crime is against the defendant's deposit for the victim's 14 million won, etc. The victim's negligence seems to have contributed to the occurrence of the traffic accident in this case. The defendant's negligence also seems to have contributed to the occurrence of the traffic accident in this case. The defendant requested the 119 first aid team after the occurrence of the traffic accident and reported the accident to the police's accident, etc. The defendant has no specific criminal power, and there is no other criminal power, the defendant's age, character, environment, family relation, motive, means and result, and the defendant's assertion that the above defendant's punishment is unfair, considering the following circumstances.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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. Relevant legal provisions concerning criminal facts and special cases concerning the settlement of traffic accidents;