교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The facts that the judgment of the defendant recognized the crime of this case and reflected, and that the defendant did not want the punishment of the defendant by agreement with the victim are favorable circumstances.
However, the crime of this case was committed without using the headlights in the lower part of the village where the Defendant was in progress, and the victim suffered approximately 12 weeks of treatment due to shocking the back part of the victim, and it was not good in terms of the degree of negligence, the result of injury, and the victim's negligence in the accident of this case.
In addition, considering the motive, circumstance, means and consequence of the instant crime, the circumstances after the instant crime, Defendant’s age, career, sexual behavior, environment, etc., the lower court’s punishment is too unfeasible and unfair.
The prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Comprehensively taking into account the factors of sentencing prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by the Criminal Procedure Act.