교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unfasible and unreasonable.
2. There are extenuating circumstances, such as: (a) the Defendant’s mistake was pened and reflected in depth; and (b) the Defendant was punished three times before the instant accident occurred; and (c) the Defendant was punished by a fine on three occasions.
However, in light of the degree of the Defendant’s breach of duty of care at the time of the instant accident, the degree of the victim’s injury, etc., the Defendant did not subscribe to mandatory insurance, and even if the victim seems to have suffered considerable harm, the Defendant did not completely recover from damage.
Accordingly, considering the following factors: (a) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for the instant crime is from August to June, 198; (b) the aggravated area (8 to January 6) of the first type of general traffic accident (the injury of traffic accident); (c) the occurrence of serious injury (one type); and (d) other factors of sentencing, including Defendant’s age, environment, accident circumstances, and circumstances before and after the instant crime, the sentence of the court below is deemed to be too unreasonable.
3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor of the conclusion is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);
1.Article 40 of the Criminal Code of Trade and Trade.