교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentencing of the lower court (the six months of imprisonment without prison labor, the two years of suspended execution, the forty hours of the compliance driving lecture, the community service hours of 80 hours) is too unreasonable.
2. In light of the following factors: (a) the Defendant’s act of this case committed an injury requiring eight weeks’ medical treatment; (b) the degree of injury was serious; (c) the Defendant and the victims did not reach an agreement; (d) although it is acknowledged that the Defendant led to the confession of the above crime; (c) the Defendant was affiliated with the taxi mutual aid association; (d) the Defendant was affiliated with the same criminal record or fine; (e) the Defendant has no criminal record or a criminal record beyond the same type of a fine; (e) the Defendant seems difficult to implement the compliance driving lecture and social service order due to his recent absence of workplace cancer surgery; and (e) other sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; and (e) the means and consequence of the instant crime; and (e) the circumstances after the commission of the crime.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on probation;