교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
1. The summary of the grounds for appeal (one year of imprisonment without prison labor, two years of suspended execution, and 40 hours of probation and compliance driving) declared by the court below is too uneasible and unfair.
2. The fact that the Defendant made a confession of the instant crime, the fact that the car driven by the Defendant was covered by a comprehensive motor vehicle insurance, and the instant crime is in the concurrent relationship between the crime of forging private documents, which became final and conclusive on April 29, 2019, and the latter part of Article 37 of the Criminal Act, and thus, it is favorable for the Defendant to consider the equity with the case to be ruled at the same time.
However, according to the evidence duly adopted and examined by the lower court, such as CCTV video CDs, the Defendant shocked the victim by negligence without sufficiently examining whether there is a pedestrian on the alleyway with frequent passage of pedestrians, and the Defendant was responsible for left-hand turn.
On the other hand, the victim was walking on the alleyway normally, and in particular, the victim was not negligent in the occurrence of the accident of this case.
In the instant accident, the victim suffered a serious cerebral lethy disorder that is entirely necessary to assist others in the implementation of walking and all daily activities, and the victim's family members are expected to suffer considerable mental pain. Therefore, the result of the instant crime is very significant.
Nevertheless, the Defendant, while denying the instant crime at the lower court, seems to have failed to make full efforts to reach an agreement with the victim.
Accordingly, the defendant did not reach an agreement with the victim until now, and the family members of the victim wanted to severely punish the defendant.
Prior to the instant case, the Defendant has been punished twice by a fine for traffic-related crimes.
In addition, comprehensively taking account of all the conditions of sentencing as shown in the records and arguments of this case, the crime of this case is committed.