교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor) is too unreasonable.
2. Determination: (a) the Defendant, under the influence of drinking alcohol, was driving a vehicle abnormal while driving the center line; and (b) inflicted injury on the victims by causing an accident; and (c) particularly, the victim F was in need of 16 weeks medical treatment; (d) the Defendant’s blood alcohol level exceeds 0.05%; and (e) the Defendant’s blood alcohol level exceeds 0.05%.
On the ground that it cannot be readily determined, the Defendant was not prosecuted separately for driving alcohol. However, the Defendant agreed to provide victims with KRW 10 million at the investigation stage, but the result of the sentencing investigation conducted by the lower court that the victims want to impose a severe punishment against the Defendant, and the Defendant deposited KRW 4 million to the victim F and KRW 1 million in addition to the victim H. In the first instance, the Defendant made an effort to recover damage by again making an agreement with the victims by paying more than KRW 3 million to the victim F in the first instance, and the Defendant’s vehicle was covered by comprehensive insurance, and substantial damage was recovered through such agreement, the Defendant’s vehicle was the first offender who has no record of criminal punishment, and other sentencing conditions specified in the records of the instant case. In full view of these factors, it is recognized that the Defendant’s punishment imposed by the lower court is unfair because it was excessively unreasonable.
Therefore, the defendant's argument of sentencing 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 following decision is rendered after pleading, on the grounds that the appeal against the defendant's improper sentencing is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment 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 and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts.