교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for a period of six months, a fine of three hundred thousand won) is too unreasonable.
2. The crime of this case committed by the Defendant with a driverless license, resulting in a traffic accident by negligence in contravention of the signal, resulting in injury to the victim, such as the victim's right-hand part of the outer part of the right-hand part of 6 weeks, and the nature of the crime is not good, even though the victim's injury is considerably serious, the damage is not recovered at all, and the liability insurance covered by the Defendant's insurance policy operated by the Defendant does not apply to the Defendant due to age special agreement, and is disadvantageous to the Defendant that the Defendant bears all medical expenses, etc. covered by the Defendant's insurance policy.
However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the confession of criminal facts, lives in custody, and reflects the wrongness of the defendant. The defendant is the first offender who is the age of 20 years and has no record of committing any crime, and the doctor of the Incheon National University Shipping Bag Hospital recognized 14% of the loss of the victim's labor ability at one time every two years.
In light of these circumstances and other circumstances, the sentence of the court below is deemed unfair because the sentence of the court below is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the Selection of Punishment.