교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
A fine shall not be paid by the defendant.
1. The determination of the summary of the grounds for appeal (in six months of imprisonment without prison labor, one year of suspended execution) is inappropriate;
2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range according to the attached sentencing guidelines (one month to eight months in the safe).
However, the circumstances agreed with the victim have not been reflected in the appellate court.
In full view of the sentencing factors and other factors of sentencing determined by the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the amount of the original sentence is considered unreasonable.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Criminal Facts, and Article 268 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;