교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by six months of imprisonment.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. The Defendant did not agree with the victim E even though not only did he/she drive a drinking or unlicensed driving but also did not inflict an injury on two victims, and she did not agree with the victim E, even though she did not cause a necessary traffic accident.
In addition, in order to be exempted from punishment, the defendant presented another person's identification card at an investigative agency, forged his signature, exercised the document, and issued a warrant of arrest because he did not comply with the summons of the investigative agency.
However, the Defendant paid the indemnity for damages paid by an insurance company, and made efforts to recover damages by agreement with the victim G, etc. in the first instance.
In addition, the sentence of the court below is deemed to be unfair because it is too unreasonable to consider various circumstances, such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, and partial agreement in the case of the party.
Therefore, the defendant's improper argument in sentencing is acceptable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1), proviso 7, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) and proviso 7, Article 268 of the Criminal Act, Article 148-2(2)3, and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act, and the Road Traffic Act concerning criminal facts.