교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. The accident of this case results from serious injury that the victim needs to be treated for 12 weeks.
However, the defendant is the first offender.
Defendant
In addition to a comprehensive insurance, the driver's vehicle is not covered by a comprehensive insurance, the defendant deposited 7 million won for the victim in the court below, and the victim did not want the punishment of the defendant in consultation with the victim.
The accident of this case occurred while the victim walked the road in the direction of the road at the latest night, and there are circumstances to consider the situation of the accident.
The Defendant’s mistake in the instant crime is divided in depth, and is against himself, and has not committed a second offense.
In addition, considering all the following factors: the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries 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 Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);