교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. In light of the fact that six weeks of diagnosis of the main point of the grounds for appeal against the victim was somewhat exaggerated and that the criminal liability of the defendant should be assessed on the basis of the degree of injury (2-3 weeks) which has causal relation with the accident of this case, that the defendant is against his/her wrong recognition, and that the defendant reached an agreement with the victim, etc., the punishment of the defendant (one year of suspended execution in April) sentenced by the court below is too unreasonable.
2. While the occurrence of the instant accident did not have any particular negligence on the part of the victim, the Defendant’s breach of duty of care is disadvantageous to the Defendant.
However, it appears that the defendant divided his wrong and reflected his behavior. The victim was diagnosed as 4 to 6 weeks from the girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's girth's g
In full view of the above circumstances and the circumstances after the crime, the defendant's age, environment, family relationship, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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
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