교통사고처리특례법위반(치상)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment without prison labor, 1 year of suspended execution, and 40 hours of order to attend a course) is too unreasonable.
2. The circumstances favorable to the defendant include: (a) the defendant appears to have the attitude of recognizing and opposing the defendant's mistake; (b) the victim did not want to be punished against the defendant; and (c) the defendant's taxi is affiliated with the Federation of the Korean taxi Transport Business Association.
However, the crime of this case is a situation unfavorable to the defendant, where the defendant committed a traffic accident that leads to a shock of the driver's lebbbane of the victim, which was committed in the opposite lane due to the negligence of the defendant committed the central line, and the victim suffered a necessary injury for about six weeks of medical treatment. The defendant's negligence is more severe and the degree of injury of the victim is more serious, and the defendant has been punished twice due to the traffic crime.
In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.