교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.
2. In the event of the instant traffic accident, the Defendant’s negligence is heavy and the damage therefrom is also serious.
However, in full view of the following circumstances: (a) the Defendant reflects the instant crime; (b) the Defendant took relief measures immediately after the instant traffic accident occurred; (c) the victim was agreed with the victim; and (d) the victim did not want to be punished; and (d) the Defendant’s age, character, character, environment, family relationship, criminal records, circumstances after the instant crime; and (e) the motive and circumstance of the offense, etc., which are conditions for sentencing specified in the arguments and records, the Defendant’s assertion is somewhat unreasonable, and thus, is reasonable.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Determination of the sentence like the order in light of various circumstances as seen earlier in the grounds for reversal of punishment prior to the pertinent Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso of Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases Concerning the Selection of Traffic Accidents, and Article 268 of the Criminal Act