교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.
2. The judgment defendant has a record of having been punished several times for the same crime, and among them, he/she has been sentenced to punishment due to a violation of traffic laws on roads.
However, the defendant recognized each of the crimes of this case and is against the law.
The defendant's drinking value is not high, and the human and physical damage suffered by the victim is minor, and the defendant has agreed in the original trial only with the victim.
There is no criminal record exceeding a fine between the last five years for the defendant.
In addition, in full view of all the sentencing conditions in this case, such as the character, behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below against the defendant 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 summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court 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)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act (the occupation of occupational and de facto damage), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the occupation of drinking), Article 46(2)2 and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Compensation of Motor Vehicles;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Article 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, between the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act due to the damage of property and punishment provided for in the Act on Special Cases concerning the Settlement of
1. Selection of penalty;