교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
The main reason of appeal is that the sentence imposed on the defendant (two years of suspended execution in October, community service order 120 hours, and 40 hours of attending order) is too unreasonable.
Judgment
The degree of injury suffered by the victim is very important, such as the occurrence of serious cerebral damage caused by the instant accident from cerebral damage.
Nevertheless, the Defendant did not agree with the victim up to the trial of the party.
In the past, the defendant has been punished several times for traffic-related crimes.
However, the victim seems to have been negligent in the occurrence of the accident, and the risk compensation is guaranteed to some extent as the vehicles are covered by the comprehensive insurance.
In addition, the defendant deposited 15 million won for the victim in the first instance.
In light of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of sentencing guidelines set forth in the Supreme Court’s sentencing guidelines set forth in the argument of the instant case, including the following circumstances: (a) the scope of the recommended punishment [the scope of April to October] of the basic area (the scope of the recommended punishment] (4 months to October) (the special mitigated person] of the basic area (the efforts made by the special mitigated person] [the special mitigated person] of the efforts made to recover damage, etc., the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's argument is justified.
Thus, 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 it is decided again after pleading as follows.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.