과실치상
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.
2. As a result of the Defendant’s negligence, the fact that the elderly victim suffered an injury in need of three weeks’ medical treatment, and that the damage was not recovered after the occurrence of the case, is disadvantageous to the Defendant.
However, the defendant recognized his mistake and reflects his depth, and the victim does not want to be punished by the defendant by paying the amount such as medical expenses to the victim in the first instance.
This case is due to the wind that the defendant could not detect the victim in the process of deducting the person who tried to get the wheelchairs to get the wheelchairs in order to drink food together with the victim, etc., and there are circumstances to be considered in the process of occurrence.
The defendant has no record of punishment except for the punishment of a fine imposed once on the violation of the Road Traffic Act before 20 years.
The defendant is aged 76 years old, lives with income such as Vietnam War Veterans' Allowances, etc., and is living alone in rental apartments.
In full view of all the conditions of sentencing as shown in the arguments, including these circumstances, including the defendant's age, sex, environment, and criminal history, the sentence imposed by the court below is somewhat inappropriate.
2. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled 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 description of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. The punishment to be suspended;