교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. Summary of grounds for appeal;
A. In light of the fact that the degree of injury suffered by the prosecutor is serious, the nature of the crime is not good due to drinking or non-licensed driving, and that the agreement with the victim was not reached, the sentence of the court below (eight months of imprisonment) is too uneasible and unfair.
B. The sentence of the court below is too unreasonable in light of the fact that the defendant is against the defendant, and there are circumstances to consider the situation of the occurrence of the case, and that the defendant did not reach an agreement with the victim for economic reasons.
2. There are favorable circumstances, such as that the Defendant’s judgment on the illegal assertion of sentencing by the prosecutor and the Defendant is against the Defendant, that the Defendant has no particular criminal history in Korea prior to the occurrence of the instant case, and that there are circumstances to consider the circumstances leading up to the instant accident by crossing the Defendant without permission at night.
However, the court below's punishment is somewhat minor in full view of all the circumstances shown in the records of this case, such as the defendant's age, sexual behavior, environment, before and after the crime of this case, before and after the crime of this case, the defendant's age, sexual behavior, circumstance, means and method of the crime of this case, the result of the crime of this case, the result of the crime of this case, and the previous conviction, etc., by causing the traffic accident of this case to inflict bodily injury on the victim by causing the traffic accident of this case. The degree of damage, etc. is serious, the damage was not covered by mandatory insurance, and the defendant did not endeavor to recover the damage to the victim until now.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision is rendered again after pleading as follows (There is no ground for appeal by the defendant, but the decision of the court below is not dismissed separately from the disposition, so long as the appeal by the prosecutor is accepted and the judgment of the