교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence of the lower court (six months of imprisonment without prison labor and one year of suspended execution) is too unreasonable.
2. Although the degree of injury suffered by the victim D is more severe, the court below's punishment is too unreasonable in light of all the conditions of the arguments and the sentencing indicated in the records of this case, including the defendant's age and happiness environment, the victim's relationship with the victim, the relationship with the victim, the details and contents of the crime, and the circumstances after the crime, etc., including the fact that the defendant's act is recognized and against the defendant's act of crime, the vehicle of the defendant's driver is subscribed to G deductible, the defendant's act is not subject to punishment under the agreement with the victim D, and the defendant is a primary offender who has no record of punishment.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to those of the judgment below, and thus, the summary of evidence is identical to each corresponding part of the judgment of the court below.
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing condition of Article 334(1) of the Criminal Procedure Act is determined as ordered in consideration of all the sentencing conditions described in the "judgment on the grounds of sentencing" item.