교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below is too unfair (eight months of imprisonment). Thus, the defendant did not have any history of punishment exceeding the previous fine, and the court below made an agreement with the victim L, M, B, and reached an additional agreement with the victim K in the trial, and other various circumstances that are the conditions for sentencing specified in this case are considered, the above argument is justified, since the punishment imposed by the court below against the defendant is recognized as unreasonable.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
Except for the deletion of “1. Statement” in the summary of the evidence of the court below and the summary of the evidence of the court below, it is identical to each corresponding column of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Violation of the relevant Act on Traffic Accidents concerning criminal facts: Article 148-2 (2) 3 of the Road Traffic Act and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act on an order to attend a course;