교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.
2. It is deemed that negligence exceeding the speed of restriction on determination is light;
In light of various sentencing conditions indicated in the records and arguments in the instant case, such as the fact that the Defendant agreed in the first instance court only with the victim, that there was considerable negligence in the occurrence of the instant accident even for the victim who illegally crossed the 6th line road from the new wall, that the Defendant was the first offender, that the vehicle is affiliated with the mutual aid association, and that the vehicle is affiliated with the mutual aid association, etc., the sentence of the lower court is too unreasonable.
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 again ruled after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and proviso to subparagraph 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;
1. Article 62(1) of the Criminal Act on the suspension of execution (The circumstances favorable to the above judgment shall be considered);