교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (including six months of imprisonment without prison labor and one year of suspended execution) is too unreasonable.
2. One studio, and the defendant's negligence falling under the proviso of Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, causing an injury to the victim's attention 5 weeks, is disadvantageous to the defendant.
On the other hand, the fact that the defendant led to the confession of the crime, the first offender, the automobile insurance, and the victim did not want the punishment against the defendant by agreement with the victim in the case of the party separately, and the defendant did not want the punishment against the defendant. Although there was a mistake that the defendant did not neglect the situation of the front time in the crosswalk without signal, there was no violation of the duty of care more serious than drinking driving, and the defendant took measures necessary for relief by directly moving the victim to the hospital after the traffic accident.
In addition, in full view of the various circumstances, such as the Defendant’s age, environment, sexual conduct, motive of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is deemed to be unfair because it is too unreasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination of the Defendant’s wrongful assertion of sentencing prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act is based on the judgment of the court below.