교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (4 months of imprisonment without prison labor and 1 year of suspended execution) is too unreasonable.
2. That the judgment defendant caused the instant traffic accident where four victims were injured by negligence in violation of the signal, and that the degree of injury to the victim C is significant;
It appears that the defendant seems to be disadvantageous to the defendant.
On the other hand, the fact that the defendant repents and reflects his mistake, there is no history of punishment against the defendant, the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance, the defendant agreed with the victims in the original judgment, the victims wanting to leave the ship of the defendant, and the degree of injury of the victims except the victims C is relatively minor.
The fact that it appears is favorable to the defendant.
In addition, in consideration of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is so large that it is deemed unfair, and thus, the Defendant’s above assertion is reasonable.
3. As such, the defendant's appeal is with merit, and 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 again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in light of the overall sentencing conditions as examined in the determination of Article 334(2).