교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal is too unreasonable for six months of imprisonment without prison labor declared by the court below to the defendant.
2. The judgment of the court below is unreasonable in light of the following: although the defendant caused a traffic accident due to neglect of the duty of care in front of the defendant, and the victim's degree of injury is acknowledged to be light, it is recognized that the defendant recognized the crime of this case and reflects the case; the defendant contributed to the fault of the victim crossinging the road without permission in the occurrence of the traffic accident of this case; the defendant agreed that the victim was the victim's wife; the victim was faced with the liability insurance; the vehicle of this case was covered by the liability insurance; the vehicle of this case was partially paid medical expenses with the insurance money; the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case; and other various circumstances, which are the conditions of sentencing as shown in the records, such as the defendant's age, age, occupation, family relationship, circumstance leading to the crime of this case and conditions before and after the crime.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with 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, and selection of
1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the preceding reasons for reversal);