교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the court below on the defendant is too unreasonable.
2. The fact that the victims of the judgment want to punish the defendant, and that the defendant driving a motorcycle for which the defendant did not subscribe to liability insurance and caused the traffic accident is disadvantageous to the defendant.
However, there are circumstances favorable to the defendant that the defendant led to the confession of the crime of this case and reflects his mistake, that the accident occurred while driving a 50c motorcycle, not a car, but a car, that the victim's injury is relatively minor, that the victims filed a lawsuit against the defendant, and that the mediation was concluded in the civil procedure against the defendant, that the defendant completed the payment following the above mediation, and that the defendant was judged as a basic living beneficiary of the second degree disability.
In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the sentence of the court below is considered to be too unreasonable.
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.
[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369
Application of Statutes
1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;