교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Circumstances favorable to the defendant are that the defendant's judgment on the grounds for appeal of this case repents and reflects the crime of this case, that the victim does not punish the defendant by agreement with the victim, and that the vehicle operated by the defendant has been covered by a comprehensive insurance policy.
However, the instant crime was committed solely by the Defendant’s negligence, which caused the shock of the victim who dried the crosswalk according to the pedestrian signal while driving without disregarding the Defendant’s signal. The instant crime was committed by the Defendant solely due to the Defendant’s negligence; the victim aged 70 years old was injured by requiring approximately 7 weeks’ medical treatment; the degree of damages, such as having to undergo further surgery; the Defendant shocked the pedestrian who dried the crosswalk in 2008 and was sentenced to a fine of KRW 1 million; and other sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character, career, environment, background and consequence of the instant crime; and the circumstances after the crime, etc., were considered, taking into account all of the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment (one million won) is unreasonable.
2. In conclusion, the prosecutor'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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine)
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;