교통사고처리특례법위반(치상)
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 summary of the grounds for appeal is unreasonable because the punishment (six months of imprisonment without prison labor) declared by the court below against the defendant is too large.
2. The judgment of the defendant caused the traffic accident in this case due to negligence of wrong operation of the steering gear and the operation of the steering gear without reducing the speed. The victim suffered a serious injury, such as permanent laps, etc. due to brain damage, etc., and the victim and his family members who lived with the workplace faithfully prior to the traffic accident in this case, who were living with the highest pain due to the accident in this case, are suffering from the accident in this case, and who want to punish the defendant.
On the other hand, however, the traffic accident of this case was occurred because the defendant recognized the crime of this case as the crime of this case, the first offender who did not have any punishment power prior to this case, and the victim caused the accident of this case by being parked on the side because the benz car followed at the same place was prone to snow, and caused the accident of this case. The road situation where the snow of this case was very poor at the time became the cause of the accident, the comprehensive insurance was purchased on the defendant's vehicle, and the victim paid 108,734,740 won with insurance money to the victim, and the elderly's hospital expenses should be borne by the elderly's hospital in the sanatorium due to dementia.
In light of the above various circumstances, the sentence of the court below is unreasonable as it is inappropriate in light of the following conditions: the defendant's age, character and conduct, environment, etc. and all the sentencing conditions indicated in the arguments and records.
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.
[Separate Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are different from the judgment of the court below.