교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal: The lower court’s sentence (eight months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.
2. The degree of criticism is large in that the instant accident brought about a serious result that is the victim’s death.
However, in full view of the following facts: (a) the Defendant’s mistake is recognized and is against depth; (b) there is no criminal history against the Defendant; (c) the piracy is covered by a comprehensive insurance policy; (d) the victim’s bereaved family members do not want the Defendant’s punishment by mutual agreement; (b) the victim was able to be aware of the road on the bridge at the time of the instant accident; (c) there were circumstances where it was difficult for the Defendant to easily discover the victim in light of the location, leg, topography and structure around the bridge; (d) the victim appears to have made efforts to recover damage after the occurrence of the accident; and (e) other various sentencing conditions indicated in the instant records and the trial process, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As seen in the part of judgment on the grounds of appeal for the sentencing of Article 334(1) of the Criminal Procedure Act, the provisional payment order is subject to various conditions of sentencing.