교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The punishment sentenced by the original court (eight months of imprisonment without prison labor) which has been sentenced to the summary of the grounds for appeal is too unreasonable;
2. Circumstances that are serious to the extent of the Defendant’s breach of duty of care in determining whether the Defendant committed the Defendant’s crime, two victims were injured due to the Defendant’s crime, and the victim E suffered serious injury in need of medical treatment during 12 weeks are circumstances unfavorable to the Defendant.
However, in light of the overall circumstances favorable to the defendant, such as the defendant's age, sexual conduct, environment, and circumstance leading up to the instant crime, the sentencing of the court below is deemed unfair because it is too unreasonable in light of all the sentencing conditions shown in the argument of this case, including the fact that the defendant recognized the instant crime and has no record of being punished for the same crime, that the victim E does not want to be punished by the defendant by payment of KRW 6.5 million to the victim E in the first instance trial, that the victim E does not want to compensate for the damage suffered by the victims because the automobile was covered by the comprehensive vehicle insurance.
Therefore, the defendant's assertion pointing this out is justified.
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 again as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
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, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim E with a heavier penalty);
1. Selection of a credit cooperative without prison labor for punishment;
1. The sentencing of Article 62(1) of the Criminal Act (i.e., the favorable circumstances among the grounds for the above reversal) is based on the suspended sentence.