교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (the imprisonment without prison labor for August, the suspension of execution for two years, the community service for 120 hours, the performance of law-abiding lecture for 40 hours) is too unreasonable, and thus, the defendant is the first criminal without any previous conviction, the defendant agreed with the victim after the crime of this case, his mistake is deeply divided, and other various circumstances, which are the conditions for sentencing in this case, are considered to be unreasonable. Thus, the above argument is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;