교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
1. The sentence (one-year imprisonment without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. The judgment has already been subject to punishment twice for the same kind of crime, and the defendant, while driving in violation of the signal, has a large degree of negligence of the defendant in the crime of this case, such as causing serious injury to the victim while driving in violation of the signal, etc., and the damage caused by the crime of this case has to bear responsibility corresponding thereto.
However, in full view of the following circumstances: (a) the Defendant led to the confession of the offense and is in profoundly against the Defendant; (b) the bus mutual aid association in which the Defendant was admitted was partially paid the hospital expenses for the victim; and (c) the victim’s parents deposited KRW 20 million in the future as a criminal agreement amount; and (d) other various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., and the sentencing conditions specified in the present argument and the record, the Defendant’s assertion is somewhat unreasonable, and thus,
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. The punishment shall be determined as ordered in light of the relevant statutory provisions regarding criminal facts, Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act prior to the grounds for reversal of sentencing, prior to the sentencing prior to the aforementioned grounds;