교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of the execution of two years, the observation of protection, the community service order 240 hours, the order to attend a law enforcement lecture 40 hours) is too unreasonable.
2. Considering the fact that the victim E dies due to each of the instant crimes, and that the victim F suffers serious injury, it is reasonable to punish the Defendant strictly.
However, in full view of the following factors: (a) the Defendant’s recognition of all of the instant offenses; (b) the Defendant agreed with the victim E’s bereaved family members and the victim F; and (c) there are some circumstances to take account of the developments leading up to each of the instant offenses; (b) the circumstances after the commission of the instant offenses; (c) the relationship between the Defendant and the victims; and (d) the Defendant’s age, occupation, environment, sexual conduct, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and an occupational occupation);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a credit cooperative without prison labor for punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;