교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., indubity) argues that the Defendant is too uneasible to the punishment (e.g., April, year of suspended execution, 40 hours of attending a compliance driving course) declared by the lower court, and that the prosecutor is too uneasible and unfair.
2. In full view of the circumstances surrounding the instant accident, the occurrence and expansion of damage, the fact that the victim's negligence has contributed significantly to the occurrence and expansion of damage, the agreement between the victims, and other reasons for sentencing stated in the arguments and records of the instant case, including the Defendant's age, family relationship, environment, etc., the sentence imposed by the lower court appears to be unreasonable, and thus, the Defendant's assertion of unfair sentencing is reasonable
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the disposition.”
Application of Statutes
1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;