교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The judgment of the court below committed the crime of this case again even though the defendant had been punished several times for the same crime, etc., but the defendant committed the crime of this case again, is disadvantageous to the defendant; however, the defendant's intention to agree with the victim when he was in the first instance trial, and the defendant did not have any criminal record exceeding the suspension of execution, etc.; considering the defendant's age, sex, sex, environment, motive, means and consequence of the crime; and considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence, before and after the crime, the sentence of the court below against the defendant is unreasonable, and the defendant'
3. According to the 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 well-grounded, and the following is ruled again after pleading.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in 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
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the traffic accident;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence, and a crime of violating the Road Traffic Act;
1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. The Criminal Act, the suspension of execution;