교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The crime of this case committed by the Defendant without a driver’s license is an unfavorable condition against the Defendant, on the following grounds: (a) the Defendant took part in the victim D and E crossing the road due to negligence while driving a car without a driver’s license, and suffered about 16 weeks from the victim D and approximately 10 weeks from the victim E; and (b) the case is not easy; and (c) the Defendant’s vehicle driving is not covered by a comprehensive insurance but does not reach an agreement with the victims.
Meanwhile, the victims are also at night at considerable negligence in the occurrence of the instant traffic accident, such as crossing the four-way road from night without permission, and the Defendant’s vehicle was covered by the liability insurance, and the victim E was paid a total of 18,478,680 won, and the victim D also seems to be compensated within the scope of liability insurance in the future. The Defendant led to the instant crime, and the Defendant was committed against the Defendant’s living in custody for about three months, and the Defendant is in the position to support his family, and is currently suffering from AIDS.
In full view of the above circumstances, the character, conduct and environment of the defendant, the circumstances and results of the crime of this case, and all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair, and therefore the defendant's above assertion is reasonable
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
Article 369 of the Criminal Procedure Act, the summary of the facts charged and the evidence admitted by the court are as shown in the corresponding column of the judgment of the court below.