교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. Summary of the grounds for appeal - Unreasonable sentencing - The sentence of the lower court (ten months of imprisonment without prison labor, two years of suspension of execution, two hundred hours of community service order, and forty hours of order to attend a compliance driving lecture) is too heavy.
2. The judgment of this case is the case where the defendant suffered an injury to the victim who passed the crosswalk because he violated the signal signals.
Before the instant case, the Defendant had been punished for the same crime on three occasions, and the nature of the offense is not weak.
However, after the occurrence of the accident, the defendant tried to recover the damage of the victim, and as a result, the victim expressed his/her intention that he/she does not want the punishment of the defendant by the unanimous agreement with the defendant after the court below was sentenced.
The defendant seems to operate the towing vehicle at present, but the defendant is expected to have difficulty maintaining normal income activities for a considerable period of time when he/she provides community service orders imposed by the court below due to the characteristics of occupation.
In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.
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 with merit.
【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);
1. Grounds for sentencing under Article 62-2 of the Criminal Act.