교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) declared by the court below is too unreasonable.
2. The instant crime committed by the Defendant is driving a vehicle.
The victim F of the crosswalk who has drieded the crosswalk shall be 8 weeks of full-time injury by shocking the Victim F, and the driver shall be able to dump the central line after the end of the month.
Considering the degree of violation of the duty of care and the degree of damage, it is necessary to punish the defendant strictly due to the shocking of the vehicle, and the victim I, K, L, and M who was on board the vehicle.
However, in light of the fact that the defendant led to the crime of this case and is against his mistake, that the defendant agreed with the victim I, K, L, and M, that the vehicle of this case is covered by comprehensive insurance, that the defendant has no record of criminal punishment, and that all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, and family environment, the sentence of the court below is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1), the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims) concerning criminal facts;
1. Commercial concurrence;