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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
, however, for a period of three years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) rendered by the lower court is too unreasonable.
2. The instant crime was committed by the Defendant by violating signal signals, resulting in a traffic accident causing serious injury to the victim, and the degree of illegality is very serious and the result therefrom is very important. Therefore, a strict punishment against the Defendant is required.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and divided his mistake, and that the defendant agreed with the victim at the time of the trial, and that the victim did not want the punishment of the defendant.
Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence as per the disposition shall be determined in consideration of the various circumstances described in the Defendant’s argument on unfair sentencing prior to the suspended sentence.