교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence imposed by the lower court against the Defendant (one year of imprisonment with prison labor for six months, one year of suspended sentence, and forty hours of lecture participation in compliance driving) is too unreasonable.
2. The instant crime is an unfavorable circumstance to the Defendant, such as the fact that the victim was injured due to a traffic accident while driving a drinking alcohol, and the fact that the blood alcohol level is high.
However, in full view of all the circumstances that are favorable to the defendant, including the fact that the victims agreed with the victims during the trial and that the victims want to take the front of the defendant, that the vehicle of the defendant is covered by a comprehensive insurance, that there is no criminal history against the defendant, and that there is no criminal history against the defendant, etc., the court below’s punishment seems to be somewhat unreasonable due to the lack of the circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the background of the crime of this case, the age, career, and sexual conduct.
Therefore, the defendant's argument of sentencing is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-use of the judgment] The summary of the facts charged and evidence against the defendant recognized by this court is identical to that stated in each corresponding column of the judgment below, and thus, they are cited 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 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Attraction of a workhouse;