교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (two years of suspended execution in October and eight hours of community service order in 10 months) is too unreasonable.
2. The fact that the victim died due to the instant accident is disadvantageous to the Defendant.
However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the victim was negligent in the occurrence of the traffic accident in this case due to the victim's deviation from the crosswalk while crossinging the crosswalk without permission, the vehicle driven by the defendant is covered by a comprehensive insurance, the defendant's payment of KRW 30 million to the bereaved family members, and the bereaved family members agree not to punish the defendant, the defendant is led to confession and reflect, the social relation of the defendant is clear, and the defendant's family is in the position to support his family, and there is no criminal power, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances favorable to the defendant, character, behavior and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited 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;
2. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the grounds for reversal);