교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (six months of imprisonment without prison labor and two years of suspended execution) of the lower court is too unreasonable;
2. The instant crime committed by the Defendant is negligent in performing his duty of care and driving.
The nature of the crime is not that of the 6 weeks of full-time care and the 10 weeks of full-time care and the 10 weeks of full-time care.
However, in consideration of all the sentencing conditions in the argument of this case, including the Defendant’s age, character and conduct, and family environment, the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. If so, the defendant's appeal is reasonable, and 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.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;