교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The crime of this case is determined by the following facts: (a) the Defendant was frightened by the center line and was frightened by the victim who was frightened in the opposite lane; (b) the victim suffered bodily injury, such as brain and brain damage, which requires absolute stability of at least six weeks; and (c) the victim was unable to walk alone even after the lapse of 10 months after the accident; and (d) the nature of the crime and the degree of damage is heavy.
However, the defendant did not have any record of punishment for the same crime, and recognized the mistake of the crime of this case and is against his depth.
In addition to the defendant's vehicles are covered by comprehensive insurance, the defendant does not want the defendant's punishment more than the victim by mutual consent with the victim.
The defendant supports the mother who suffers from dementia and the wife who suffers from cerebral tymphy afterma, and lives faithfully.
In addition, in full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;