교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering that the nature of the instant crime is not good and that the Defendant did not agree with the victim’s bereaved family members up to the trial of the party, strict punishment against the Defendant is necessary.
However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too unreasonable, since it is recognized that the defendant's above assertion is too unreasonable, since the defendant's punishment is too unreasonable, it is reasonable.
3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the 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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;