교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
The main point of the defendant's appeal is that the punishment of the court below (six months of imprisonment without prison labor, one year of suspended execution, and eight hours of social service) is too unreasonable.
Although the defendant caused a traffic accident that had a crosswalkd pursuant to pedestrian signals, and the degree of injury of the victim is serious, considering the time of the accident, the circumstances of the accident, the operation of the defendant vehicle, and the location of the crosswalk, there are reasons to take into account the circumstances of the accident, the vehicle operated by the defendant seems to have been paid a considerable amount of damages due to the vehicle comprehensive insurance, and the defendant separately agreed to pay the victim KRW 20 million to the victim, the defendant would not be easy to implement the community service order, and the defendant would work for the delivery of goods to the end of the week, and the defendant is considered to have lived faithfully without the criminal records. In light of various sentencing conditions shown in the argument of this case, such as the circumstance of the crime of this case, the circumstances after the crime of this case, the age and character of the defendant, and family relationship, the judgment of the court below is too unreasonable. Thus, the defendant's assertion is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.
Criminal facts
The summary of the facts and evidence recognized by this court is identical to those 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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;