교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, 200, 40 hours of lecture order for compliance driving, 120 hours of community service order) is too unreasonable.
2. In light of the fact that the degree of negligence of the accused is not minor and the degree of injury of the victims is very serious, it is necessary to impose strict liability on the accused corresponding thereto.
However, in full view of the following circumstances: (a) the Defendant is deeply against the instant crime; (b) the Defendant has no particular record of committing a crime other than the suspension of indictment for the instant crime; (c) the victims have been paid insurance money to the victims; (d) the victims have not want to be punished; (c) the victims have to support a minor; (d) the social relationship is clear; and (e) other circumstances, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are 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 Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with a heavier penalty);
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;