교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (4 months of imprisonment without prison labor) of the lower court is too unhued and unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the Prosecutor.
A. The appellate court of the relevant legal doctrine shall judge the grounds contained in the grounds for appeal, and it may decide ex officio on the grounds that have an effect on the judgment (Article 364(1) and (2) of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to recognize that the amount of punishment is unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds that affect the judgment are not included in the grounds for appeal but are subject to the appellate court’s trial, and it does not include any limitation that the appellate court may not determine a sentence more favorable to the sentencing of the first trial if only the prosecutor appealed.
Therefore, the court of appeals may ex officio, prior to the judgment on the grounds of appeal by the prosecutor that the first instance sentence is too unfford and unfair, judge whether there exists any reason to acknowledge that the sentencing is unfair, and if there is such reason, the court of appeals may reverse the first instance judgment and determine a minor sentence rather than the sentencing of the first instance judgment and sentence.
(b) In the instant case, the fact that the victim was injured due to the negligence of the Defendant’s neglect of the duty of prior watch, etc. is recognized.
However, the fact that the defendant recognized the facts charged and erroneously divided the facts charged, that the victim and the defendant agreed smoothly to reach the depth of the trial, that the driver's vehicle is covered by comprehensive insurance, that it seems that the defendant had sufficient opportunity to reflect during the life of detention between approximately two months, that there was no record of punishment exceeding the fine, and that there was no other record of punishment, and that the defendant's age, sexual conduct, and the crime of this case.