교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (1.5 million won in penalty) imposed by the court below is too unreasonable.
2. The judgment of this case is that the defendant violated the duty of pedestrian protection in the crosswalk while driving a motor vehicle, thereby causing bodily injury to an elderly victim, and that the crime is not light, and that the situation after the crime is not good, such as not notifying the victim of contact immediately after the accident in this case, etc., are disadvantageous to the defendant.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant was the first offender, the fact of the crime is recognized and divided, and the victim does not want the punishment of the defendant in agreement with the victim in the trial, and other circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances and result of the crime, etc., the punishment imposed by the court below is too unreasonable.
3. The judgment 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, and the judgment below is reversed and the case is remanded to the court below as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the 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) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In full view of the various sentencing conditions as seen in the judgment on the grounds of appeal prior to the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors.