교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The lower court’s sentence (eight months’ imprisonment without prison labor) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The judgment of this case is an unfavorable circumstance to the defendant that the defendant suffered 20 weeks of care by placing pedestrians who walk on the crosswalks. It is the fact that the defendant's negligence and the result are heavy.
On the other hand, however, the defendant appears to have the attitude of recognizing and opposing the crime, the insurance money of KRW 14 million was paid through the liability insurance to which the defendant was admitted, and the victim deposited KRW 5 million for the victim in the first instance trial, and the victim expressed his intention to use for the defendant, the defendant expressed his intention to use for the same offense, and the health status is not very good due to the same criminal record and the light blood, chronic renals, etc., and all other sentencing conditions shown in the argument of this case are considered to be unfair as it is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. In 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 with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;
1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as per the text, taking into account the various circumstances examined in the judgment on the grounds for appeal.