교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.
2. The Defendant: (a) was found to have been aware of a driving without a driver’s license in 2013 due to the cancellation of the driver’s license; and (b) had the record of criminal punishment for driving without a driver’s license twice after the revocation of the license; and (c) caused a traffic accident by driving without a driver’s license in the instant case during the period of suspension of the execution due to driving without a driver’s license. Therefore, the Defendant
However, there is a negligence in the occurrence of an accident even for the victim, because the defendant's mistake is not recommitting again, and the vehicle is disposed of to practice it, the agreement with the victim was reached, the degree of injury of the victim is minor, and the victim was negligent in the occurrence of the accident
In full view of all other factors such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime, etc., it is necessary to provide the Defendant with an opportunity to improve his/her character and conduct in the state that he/she is not isolated in society only once.
Since the court below's punishment is too large, it is judged that the punishment is unfair.
3. If so, the defendant's appeal is reasonable, 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.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1, Article 43 of the Road Traffic Act, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;