교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of the execution of two years, community service hours 80 hours, and the demotion of compliance driving 40 hours) is too unreasonable.
2. The degree of fault of the accused who caused the traffic accident is not somewhat weak;
The degree of injury of two victims E is serious due to traffic accidents.
However, vehicles are covered by comprehensive insurance.
In the court below's decision, the victims et al. agreed with E and they do not want to be punished for the defendant in the first instance trial.
The defendant is the first offender.
The defendant recognizes his mistake and is in profoundly against himself.
In full view of such circumstances and the criminal defendant's age, sex, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.
The defendant's argument of sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a credit cooperative without prison labor for punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination of the sentence as ordered in consideration of the circumstances of Finin in determining the grounds for appeal on the grounds for sentencing under Article 62-2 of the Criminal Act by an order to attend a lecture