교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (10 months) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We examine both the judgment and the prosecutor’s each unfair sentencing.
In full view of all the sentencing conditions of this case including the defendant's age, character and conduct, environment, circumstances after the crime, criminal records, etc., the sentence of the court below is too unreasonable, so the defendant's assertion is justified, and the prosecutor's above assertion is without merit. The defendant's assertion is justified. The defendant's assertion is without merit. The defendant's assertion is without merit. The defendant's assertion is justified. The defendant's assertion is justified. The defendant's assertion is without merit. The defendant's ground for appeal is justified. The defendant's ground for appeal is justified. The defendant's ground for appeal is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized 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. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;