교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 months of imprisonment without prison labor, 1 year of suspended execution, and 40 hours of lecture for compliance driving) is too unreasonable.
2. That the judgment defendant caused the instant traffic accident where two victims are injured by negligence in violation of the signal, and that the degree of injury to the victim C is significant;
It appears that there is a record of punishment for the same crime, and the fact that there is a record is disadvantageous to the defendant.
On the other hand, the defendant's mistake is recognized and against himself, there is no particular punishment except for the punishment of a fine once for the same kind of crime, the vehicle of the defendant's driver is insured by the Financial Cooperative, the degree of injury to the defendant's driver is serious, and the injury of the victim E is relatively minor.
The fact that it appears is favorable to the defendant.
When comprehensively taking into account the above circumstances and the defendant's age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence sentenced by the court below is deemed unfair.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Various circumstances examined in the determination of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of Article 334(2).