교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.
2. It is recognized that the victim, who got on the back seat of the instant traffic accident, suffered serious injury in need of medical treatment for about 12 weeks, and that the victim left a large legacy due to incomplete walking and delayed symptoms of the spirit of the Do after the surgery.
However, even in a situation where the mother of the defendant in the trial where it is difficult for the defendant to be economically in an economic situation, the agreement with the victim was reached by making payment of the agreed amount to the victim, and the victim does not want the punishment. Since the vehicle is covered by the automobile comprehensive insurance, the insurance company pays part of the medical expenses to the victim, the defendant is in profoundly against his wrong behavior, and his family members are living together with his edification, so there is room for improvement of the defendant's personality and behavior. The defendant has no record of criminal punishment, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex behavior, environment, means and result, after committing the crime, are considered, it is recognized that the sentence of the court below is unfair because it is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental occupation, the choice of imprisonment without prison labor), and Road Traffic Act.