교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment is an unfavorable condition to the Defendant, for example, that the Defendant caused the instant traffic accident while driving a vehicle with no mandatory insurance without license, and that the Defendant has been punished several times, including suspended execution due to the same kind of crime.
On the other hand, the fact that the defendant repents his wrong and reflects his wrong, and the degree of the victim's injury and damage of the damaged vehicle is relatively heavy.
It is not visible, and the fact that the victim C and the damaged vehicle have been smoothly agreed with the owner of the victim C and the damaged vehicle while recovering the damage due to the fact that it was in the first instance is favorable to the defendant.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s above assertion is reasonable.
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 defendant's appeal is again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2)2 and Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Bodily Injury) and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of Road Traffic Act are more severe and punishment.