교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
1. The lower court’s sentence (two years of the suspended execution of one year’s imprisonment without prison labor) is too unhutiled and unfair.
2. We need to take account of the following circumstances: (a) the Defendant is against the instant crime; (b) the Defendant’s driver’s vehicle is affiliated with the Federation of taxi transport business associations across the country; (c) the Defendant continues hospitalized treatment due to symptoms, such as cerebral typhism, flasium, and flasium, due to the instant accident; and (d) the Defendant’s health conditions are not good; and (e) the Defendant has not been subject to criminal punishment since 200.
However, the crime of this case is committed due to a negligence committed by the defendant, who neglected to drive in the front direction while driving and breaking the part of the bridge of the victim in excess of the floor and breaking the victim as it is, which led to the death due to long-term damage, etc. The nature and circumstances of the crime are very heavy. The reason for the accident of this case does not appear to have been involved by the victim. Nevertheless, the defendant did not reach an agreement with the victim up to the trial of the case. Nevertheless, the victim's bereaved family members want to be punished by the defendant, and all other factors indicated in the records and arguments of this case, such as the defendant's age, sex, sex, family environment, motive, means, method, and consequence of the crime of this case, and the circumstances before and after the crime, etc., the punishment of the court below is unfair.
Therefore, prosecutor's assertion is justified.
3. In conclusion, the prosecutor'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 it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;