교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The main point of the grounds for appeal is that the lower court’s punishment (for six months of imprisonment without prison labor and two years of suspended execution) is too unhued and unreasonable.
2. The Defendant, who is recognized as the facts charged, led to confessions, deposited five million won for the victim, and the Defendant has no special criminal record.
However, due to the defendant's violation of signal, the accident in this case occurred, and the victim's degree of injury is considerably more severe (not less than 10 weeks), and the mother of the victim want to be punished by the defendant.
In addition, since only the liability insurance that the defendant drives is subscribed to, the victim is currently not fully compensated, so it is currently in civil procedure.
In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is deemed unreasonable.
3. If so, the prosecutor'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 it is again decided after pleading as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;