교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year of suspended execution and 80 hours of community service in June) is too unreasonable.
2. The judgment of the court below shows the attitude that the defendant divided his mistake into two separates and reflects against himself, and it is unfair to maintain the sentence of the court below in light of the fact that the victims do not want the punishment of the defendant, and other various sentencing conditions in the arguments of this case, such as the defendant's age, sex, environment, etc., are considered comprehensively.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited 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 suspension of execution (the overall circumstances in the above judgment);