교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (one year of suspended execution in April of the imprisonment without prison labor) is too unreasonable.
2. The judgment that the Defendant caused the instant traffic accident in violation of the signal and thereby, sustained injury to the victim during treatment of about 16 weeks is disadvantageous to the Defendant.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that the accident bus is a member of the National Federation of Bus Transport Business Associations, that the defendant paid 17 million won in addition to the amount paid to the victim under the above mutual aid contract, and that the defendant agreed with the victim by paying 17 million won in addition to the amount paid to the victim under the above mutual aid contract, and that there is no other penalty in addition to the amount subject to punishment by fine
In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant's appeal is with merit, 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 as follows after pleading.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Penalty)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in light of the overall sentencing conditions as examined in the determination of Article 334(2).