교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
1. The gist of the grounds for appeal is that the sentence (six months of imprisonment without prison labor, two years of suspended execution, and 120 hours of social service) declared by the court below is too large, and the prosecutor appealed each appeal on the grounds that the prosecutor is too unhued and unreasonable.
2. The judgment that the defendant led to confession of criminal facts and reflects the fact of the crime, that there is no criminal record heavier than the fine since 1987, and that the victim deposited one million won to the victim when it came to the trial, is favorable to the defendant.
On the other hand, the issue of this case is that the defendant neglected the front line in the apartment complex and caused an injury to the victim due to the shocking of the elderly victims, and the case is not less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than 8 weeks, the defendant did not agree with the victim because the amount of running car does not cover comprehensive insurance, there are a number of traffic-related criminal records, in particular, the same criminal records are more than two times, and the defendant is contrary to the judgment of the court below, but it is disadvantageous to the defendant.
In addition, in full view of the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, means and consequence thereof, and all of the sentencing conditions shown in the instant records and pleadings, such as the circumstances after the instant crime, the lower court’s punishment is deemed to be somewhat uneasible and unreasonable.
3. In conclusion, the prosecutor'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 it is decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;