교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.
2. The judgment of this case is found to be unfair in light of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, background leading to the crime of this case, circumstances leading to the crime of this case, and after the crime, it is found that the punishment of the court below is somewhat unreasonable, considering the following factors: although the defendant violated the signal and caused the injury by shocking the victims who dried the crosswalk at the crosswalk due to the negligence of driving a motor vehicle, the degree of injury suffered by the victim C is deemed to be more than seven weeks, it is recognized that the defendant led to the crime of this case; the defendant committed the crime of this case; and the defendant made an agreement with the victims during the period of two months of detention; and the defendant made an agreement with the victims.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column 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), the proviso to Article 3 (2) 1 and 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 alternative imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;