교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. In particular, the Defendant committed the instant crime in the same manner as the instant crime during the period of suspension of execution after having been sentenced to a suspended sentence by causing a traffic accident that causes a traffic accident while driving under drinking, and the driving distance is relatively short, etc. that are disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects; (b) the Defendant agreed with the victim in the trial; (c) the injury suffered by the victim is not severe; (d) the Defendant has no record of being punished in excess of the suspended sentence of imprisonment with prison labor; and (e) other Defendant’s age, character and conduct, environment, family relationship; (b) motive and circumstance of the crime; (c) the means and method of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court 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 the following is ruled again after pleading.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crime of unlicensed driving).