교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;
2. Although the nature of the crime of this case is not good, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the Defendant’s above assertion is reasonable, since the Defendant’s confession of the crime of this case and reflects the mistake thereof, the Defendant agreed with the victim C at the time of the trial, and all other circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), Article 3 (2) (proviso) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving);
1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Punishment for Violations of the Act on Special Cases concerning the Settlement of
1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act [the lowest sentence shall be applicable to the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty: Provided, That the lowest sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act];
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);