교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. The judgment of the defendant has no previous conviction in addition to a fine, and is covered by the comprehensive motor vehicle insurance, and the accident of this case is a favorable circumstance such as the occurrence of some of the fault of the victim who illegally crossed the road at the time of the accident.
However, in full view of the following factors: (a) the instant traffic accident caused by the Defendant by neglecting his duty to blone on the left and right; (b) the victim was injured by approximately 12 weeks, such as the mouth of the body of the body of the body of the victim; (c) the victim was unable to use the body of the body of the victim; (d) the Defendant was convicted of traffic-related crimes twice in the past; and (e) other unfavorable circumstances, such as the Defendant’s character and behavior, environment, background leading to the commission of the crime; and (e) all other conditions of sentencing indicated in the records, such as circumstances after the crime
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to 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 this court is identical to the corresponding column of the judgment of the court 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;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);
1. The community service order under Article 62-2 of the Criminal Act;