특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The injury sustained by the victims due to misunderstanding of facts and misapprehension of legal principles is neither caused by the instant accident, nor constitutes an injury under the Criminal Act, and the Defendant was not aware of the fact that the victims suffered the injury due to the instant accident. The Defendant was not aware of the fact that the victims suffered the injury due to the instant accident.
Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the danger) is erroneous as a misunderstanding of facts and legal principles.
B. The sentence of the lower court’s improper sentencing (two years and four months of imprisonment) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and legal doctrine, namely, ① in light of the developments leading up to the instant accident, etc., it appears that the shock level caused to the damaged vehicle at the time of the accident appears not to have been significant, and ② the victim G was faced with the head on the front door of the driver’s seat at the time of the shock.
There were two copies, mers, and mersiums.
From November 22, 2019, the hospital received medical treatment from the hospital.
After the accident, it was waiting for the Defendant to contact with the Defendant for an open reference for personal agreement at the request of the Defendant, but it was later stated to the effect that the Defendant’s contact was delayed. The victim I was the chief head of the accident at the time of the accident.
At the time of the accident, he was flick.
7 and 8 years ago, her normal life was caused by her traffic accident, which led to her death again.
From November 22, 2019, the hospital received a outpatient treatment from the hospital, which the defendant seems to reach an agreement.
It is known that the agreement was made and the victim was increased if the hospital had no agreement.