교통사고처리특례법위반(치상)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is unreasonable as the sentence imposed on the Defendant (six months of imprisonment) is excessively unreasonable.
2. We examine the judgment, the fact that the defendant recognized the crime of this case and reflected it, and that the defendant was not guilty of a sentence, etc. are favorable circumstances.
However, considering the following circumstances: (a) the Defendant committed the instant crime even if he/she was punished for one year of suspended sentence of six months due to the crime of causing damage caused by driving under drinking on September 6, 2013 and attempted to flee; (b) the legislative intent of the Guarantee of Automobile Compensation Act to protect the victim by establishing a compensation system for damage caused by the operation of motor vehicles; and (c) the legislative intent of the Road Traffic Act to ensure the safety of traffic on the road and to prevent danger; (d) there is a need to strictly punish each of the instant crimes; and (e) there is no special change of circumstances after the sentence of the lower judgment, such as the payment of KRW 3 million to certain victims, in addition to the payment of KRW 3 million, there is no agreement with the victims; and (e) other factors such as the Defendant’s age, sex behavior, occupation and environment, motive and background of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant
Therefore, we cannot accept the defendant's above assertion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (Article 25 (1) of the Rules on Criminal Procedure). In addition, "(Article 25 (1) of the Rules on the Special Cases Concerning the Settlement of Traffic Accidents (Article 25 (1) of the Rules on the Settlement of Traffic Accidents (Article 25 (1) of the Act on the Special Cases Concerning the Settlement of Traffic Accidents (Article 25 (2) of the Act on the Settlement of Traffic Accidents)."