교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. It is extremely difficult for the lower court to implement the community service order among the punishment (including eight months of imprisonment without labor, two years of suspended sentence, two years of community service order, 160 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the lower court as the main point of the grounds for appeal (unfair punishment) is not good.
2. On September 8, 2017, the Defendant’s judgment on the grounds of appeal is under medical treatment after being diagnosed of brain ties and brain ties, and is also class 4 of visual disability due to the long-standing snow of the right side due to a traffic accident. In full view of the following circumstances, the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the Defendant’s community service order is difficult to implement.
3. As the defendant's above argument is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;