교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (the maximum of 8 months short of 6 months in imprisonment without prison labor) is too unreasonable.
2. The crime of this case, however, is likely to inflict a serious injury on the part of the Defendant, which requires the medical treatment of 12 weeks due to the shock of the body of the vehicle for food delivery, driving over the center line in the opposite direction of normal progress beyond the center line, while driving over the road beyond the center line, and the crime of this case is heavier than that of the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized and opposed to the instant crime; (b) the Defendant was currently driving at the time and agreed with the victim for the first time; (c) the Defendant was the first offender who had no record of punishment prior to the instant case (no record exists); (d) the Defendant is currently under the age of 18 years and falls under the juvenile law; and (e) other circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sex behavior, circumstances leading to the commission of the instant crime; and (e) the circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.
3. Since the defendant's appeal is with merit, 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 again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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 the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (Consideration favorable circumstances as seen earlier);
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;