특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The judgment of the court below made that the defendant caused a traffic accident in violation of the signal while under the influence of alcohol and caused the result of the victim's death, but the defendant agreed with the bereaved family of the victim when the victim died. However, the defendant's driver's vehicle was not covered by mandatory insurance, but the death insurance money under the Guarantee of Automobile Accident Compensation Act was paid to bereaved family members. In light of the circumstances of the accident, the defendant is also responsible for the occurrence of the accident, the defendant has no history of punishment for the same crime, and there was no history of her mistake in depth while living in prison for about three months after the decision of the court below was made, and the defendant's age, character and conduct, and environment, etc. are considered to be too unreasonable.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of running a sound driving);
1. Selection of imprisonment with labor for a crime of violating the Road Traffic Act;
1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be imposed within the scope of the sum of the maximum term of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy penalty.