교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. Summary of grounds for appeal: Improper sentencing;
A. The sentence imposed by the lower court (eight months) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The crime of this case occurred due to the gross negligence of the defendant who infringed on the central line, the victim F was injured by the crime of this case, the victim F was cut off with the left side, the insurance alone cannot properly compensate the victim F for the medical expenses of the victim. The defendant applied for a strict punishment on the part of the victim because it did not reach an agreement with the victim F until the court is the case. The defendant already was punished on one occasion due to drinking driving and one time due to danger driving, despite the fact that the defendant had already been punished on one occasion due to each of the crimes of this case, the crime of this case is disadvantageous to the defendant.
However, in the first instance trial, the defendant deposited KRW 50 million for the victim F, and in the first instance trial, the defendant additionally deposited KRW 30 million for the victim F (the victim F expressed his/her intention to consent to the recovery of the defendant's deposit while refusing to receive each of the above deposit). The victim F made a claim for compensation for damages arising from the traffic accident of this case as a preserved bond, and the victim F would be able to recover additional damage through a provisional attachment order for the land of 39 lots owned by the defendant and the defendant's wife, and the victim H and I had already reached an agreement at the lower court. In full view of all the factors indicated in the records and arguments of this case including the defendant's age, sex, environment, circumstances after committing the crime, means and results, etc., the punishment sentenced by the lower court is somewhat unreasonable.
3. In conclusion, the defendant's appeal is reasonable, and therefore, the defendant's appeal is in accordance with Article 364 (6) of the Criminal Procedure Act.