교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (eight months) on the gist of the grounds of appeal is too unreasonable.
2. However, the degree of negligence is very high by the defendant who has violated the signal, the defendant has invaded the crosswalk;
Due to this accident, the injuries suffered by age victims are very serious, and it has a big impact on future growth.
Therefore, the victim is still trying to punish the defendant.
However, the defendant's mistake is divided and reflected.
There is no criminal record for the defendant and there is no record of punishment heavier than the fine.
The defendant deposits KRW 5 million in the court below for the victim, and KRW 20 million in the court below's trial for the victim, and makes efforts to recover the damage.
Medical expenses for victims are being paid by the bus mutual aid association in which the defendant joined.
In addition, the sentence of the lower court is too unreasonable in light of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.
Therefore, the defendant's argument of sentencing is justified.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is decided after pleading, as the defendant's appeal is reasonable.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;