교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.
2. The judgment of the Defendant committed the instant crime again with the history of having been punished several times due to driving without a license or drunk driving (four times a fine, one time a suspended sentence).
The crime of this case is not against the nature of the crime that the defendant committed a traffic accident while driving along a one-way lane without driver's license and resulting in a traffic accident to the three victims, such as light dynasium in need of medical treatment for about three weeks.
However, the Defendant did not have any history of punishment exceeding the suspended sentence, and committed the instant crime in depth and did not repeat again.
The degree of injury of the victims is relatively minor, and the defendant is in the first instance, and the victims do not want punishment by mutual consent with the victims.
In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Punishment of the crime
Since the facts constituting the crime recognized by this court are the same as the facts constituting the crime of the lower judgment, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence of the above crime is as follows, except for the addition of the "statement made by the defendant in the trial court", and therefore, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Handling of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.