교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (the suspended sentence of KRW 2 million) is too uneasy and unreasonable.
2. The judgment that the defendant recognized the crime of this case and reflected the crime of this case, that the defendant agreed with the victim, that the vehicle of the defendant was covered by a comprehensive insurance, and that the defendant was the first offender is favorable.
However, the crime of this case was committed by the defendant while driving at a left-hand turn, and the victim was suffering from an injury requiring about 14 weeks of treatment by shocking the victim who was above the crosswalk, and did not temporarily stop in front of the crosswalk, etc., and the crime of this case is not less complicated and the quality of the crime is not good in terms of the result of the injury, and the victim's negligence involved in the accident of this case.
In light of the fact that it is difficult to see, that the Defendant would have complied with traffic laws and regulations for school students and pedestrians, and the motive, background, means and result of the instant crime, the circumstances after the instant crime, the Defendant’s age, career, sexual conduct, environment, etc., and all of the various sentencing conditions specified in the records and arguments, the lower court’s punishment is too unfeasible and unfair.
The prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and 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.
[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, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act of the Provisional Payment Order.