교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.
2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant driven while driving a vehicle in a state that considerably exceeds the speed of restriction, and the vehicle’s center is lost in the course of operating the steering gear to avoid over-speed control camera, resulting in a traffic accident by breaking the center line, and the quality of the crime is not good. The degree of injury suffered by the victims of the instant accident is very serious, and all damaged vehicles are also destroyed to the extent that the repair is impossible.
However, the fact that the defendant recognized all of the crimes of this case and reflected, the victims received a certain amount of money from the mutual aid association as the medical expenses because the accident vehicle of this case subscribed to the mutual aid association, and deposited a certain amount to the victims who suffered serious injury, and the victims do not want the punishment of the defendant by concluding an agreement with all victims, and there is no other criminal record that exceeds the same criminal record and fine, etc. are favorable to the defendant.
Considering the above various circumstances, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court, even in light of the aforementioned unfavorable circumstances, is deemed to be too unreasonable, even if considering the aforementioned unfavorable circumstances.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Re-use] The summary of facts constituting an offense and evidence recognized by the court is "victim H (24)" among facts constituting an offense.