교통사고처리특례법위반등
The judgment of the court below is reversed.
The punishment of a defendant shall be determined by a credit cooperative for ten months.
except that from the date of this judgment.
1. The summary of the grounds for appeal (10 months without prison labor) of the lower court is too unreasonable.
2. The instant accident occurred due to the negligence of the Defendant’s breach of his duty of safe driving, etc., which led to the occurrence of the instant accident, and as a result, the victim’s serious injury to the alley of the 14-day emergency landing, and at the same time the victim’s damage to the urbane.
However, in light of the following facts: (a) the Defendant divided his mistake into and reflects his mistake; (b) the victim has been faithfully living without the criminal records; (c) the victim has been negligent in the occurrence of the instant accident and the expansion of damage; and (d) the victim does not want the punishment against the Defendant in the trial; (b) favorable circumstances such as the Defendant’s age, character and behavior, environment; (c) the background and result of the instant crime; and (d) the sentencing guidelines established by the Supreme Court on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, including the circumstances after the commission of the crime; and (d) the scope of the sentencing guidelines established by the Sentencing Commission for all kinds of sentencing specified in the instant case; and (e) the scope of the sentencing guidelines established by the Sentencing Commission for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents / [the range of recommending punishment / [4 months to 10 months] of the basic area (the special mitigation of traffic accidents] of
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 the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;