교통사고처리특례법위반(치상)
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 sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. The Defendant’s negligence in passing the crosswalk and the intersection beyond 40 km/h of the speed on the side road, caused the victim’s stoke, which first entered the intersection, to suffer about 14 weeks of treatment, and thereby, caused the victim’s stoke of the closed nature of the body body of the broad bridge, bones, and bones of the body requiring approximately 14 weeks of treatment, and the degree of the breach of duty of care and the result of the damage.
On the other hand, however, the defendant is against the recognition of the crime, and when the defendant was in the first instance, the victim and the victim wanted to have his wife by mutual consent.
There seems to be no history of criminal punishment exceeding a fine, and social ties seems to be relatively clear, such as family members and employees of the defendant's workplace wanting to take the defendant's wife.
In full view of other circumstances, including the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is deemed unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts of the defendant and the summary of the evidence recognized by the court are as shown in the corresponding column of the judgment 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, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 2
1. Article 62 (1) of the Criminal Act;