교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation) of the lower court is deemed to be too unhued and unreasonable;
2. However, the Defendant recognized the facts charged, and deposited 10 million won for the victim. The blood alcohol concentration in the instant case is 0.057% and is not high.
However, the accident of this case caused a very large amount of the victim, and there was no agreement with the victim, and there was no sufficient compensation for the damage of the victim because the defendant was covered only by the liability insurance operated by the defendant.
In addition, the defendant has already been punished once due to drinking driving and traffic accidents, and even the above traffic accident was the death accident.
In addition, comprehensively considering all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is deemed unreasonable.
3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts constituting an offense and the evidence acknowledged by this court is as follows: (a) except where the facts constituting an offense “as of May 22, 2014” are deemed as “as of May 22, 2015” and “as of May 19:55, 2015,” the facts constituting an offense are as indicated in each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;