교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The defendant asserts that the sentencing of the court below (two years of suspended execution in October, and one hundred and twenty hours of community service order) is too unreasonable for the summary of the grounds for appeal (the court below's decision that the prosecutor is too unhued and unfair.
2. The Defendant’s criminal act resulted in the death of the victim.
However, the Defendant is the first offender who has no record of criminal punishment and recognized a mistake in the course of the trial, and against it, and who has no record of criminal punishment. A marine vehicle is covered by a comprehensive insurance, and the Defendant agreed with the bereaved family of the victim in the trial.
At night, the driver is responsible for the occurrence of the instant accident even to the victims crossing the road without permission as a seated person.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing is too weak.
It is too unreasonable rather than that.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.
[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.
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 Optional to Punishment, Article 268 of the Criminal Act, and selection of fines
1. Articles 70 (1) 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;