교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The circumstances are favorable to the defendant, such as the fact that the defendant is against the judgment, that the defendant subscribed to a comprehensive insurance, and all victims and their bereaved family members agree to the punishment of the defendant, that they do not want to commit any crime against the defendant, that there is no record of crime against the defendant, that the child center has been operated and provided to the local community despite the difficult economic circumstances, and that the parents, children's center employees, and local residents want to leave the defendant's preference
However, this case is a case where the defendant caused the death of two of six victims who did not have any negligence due to the failure of the victims by the negligence of the defendant who driven the central line and caused the serious injury to four victims, and the quality of the crime of the defendant is light.
In addition, comprehensively taking account of all kinds of sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, etc., such as the defendant's age, sex, act of crime, motive and consequence, the sentence of the court below is too unfeasible and unfair.
3. Since the appeal by the prosecutor of the conclusion 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 as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to 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. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against G with the largest penalty);
1. Selection of a credit cooperative without prison labor for punishment;
1. Article 62(1) of the Criminal Act (which is favorable as seen earlier)