교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., a two-year suspended sentence for six months of imprisonment without prison labor, community service hours, and 40-hours of compliance driving) of the lower court is too unreasonable.
2. The instant crime is an element of sentencing unfavorable to the Defendant, inasmuch as the negligence of the Defendant and the injury suffered by the victim were caused by an illegal internship on a narrow road that takes place at a two-lane narrow road at night.
However, the fact that the defendant is the first offender and recognized the crime of this case, and that the victim does not want the punishment of the defendant is an element of sentencing favorable to the defendant.
In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.
3. Since the appeal by the defendant is well-grounded, 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.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing shall be determined in consideration of the circumstances described in paragraph (2) above;