교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. The Defendant: (a) committed a collision with the median line by having a two-time collision; (b) repeatedly received 5-6 back-of-the-way damages vehicles; and (c) inflicted injury on the victims for two or three weeks of medical treatment.
The defendant expressed a desire to the police officer who was dispatched and refused to take a alcohol test.
The circumstances of the crime and the post-crime are not very good.
Even though the Defendant was sentenced to imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and was sentenced to a fine due to drinking, and was sentenced to suspension of indictment due to a violation of the Road Traffic Act (measures after the accident), he again committed the instant crime.
However, vehicles are covered by comprehensive insurance.
In the original judgment, the victims do not want to be punished against the defendant by mutual consent with some victims.
The defendant recognizes his mistake and is in profoundly against himself.
In full view of such circumstances and the criminal defendant's age, sex, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.
The defendant's argument of sentencing is justified.
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 is ruled after pleading.
【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 148-2(1)2 and 44(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the refusal of measurement by drinking), Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts;