교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 13 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.
2. In light of the following: (a) the Defendant had a previous record of driving alcohol or driving without a license; and (b) the Defendant was sentenced to two and a half years of imprisonment with prison labor and a four-year period of suspension of execution on December 8, 2015 to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) at the Suwon Flag method Board, it is reasonable to strictly punish the Defendant.
However, the court below's sentence is too unreasonable in light of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, and all other sentencing conditions, such as the defendant's age, sex, motive and consequence of the crime, and life under confinement for about five months, and the injured person does not want punishment against the defendant by mutual agreement with the victim in the trial. In the case of this case, if a sentence is finalized and finalized upon the sentence in this case, the sentence in this case should be imposed up to two years and six months since the invalidation of the sentence of the previous suspension of execution.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to 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. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and Articles 3(1) and 3(1)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.