교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) In the event of the instant accident, the place where the misunderstanding of the fact did not lead to the occurrence of the instant accident, inasmuch as the Defendant did not violate the traffic signal at the time of the accident, and complied with the limited speed, there was no negligence on the part of the Defendant in the instant accident.
2) The punishment sentenced by the lower court to the Defendant (two years of suspended execution and forty hours of lecture attendance in October, and 120 hours of community service order) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.
2. Determination
A. The Defendant argued to the same purport, and the lower court rejected the Defendant’s assertion in determining the Defendant’s guilty of the facts charged in this case on the grounds stated in its reasoning. In light of the evidence duly admitted and examined by the lower court and its reasoning, the lower court’s aforementioned determination is just and acceptable, and there is an error of law by misunderstanding the facts in the lower judgment, which affected the conclusion of the judgment.
It does not seem that it does not appear.
B. Although it is unfavorable that the part of the defendant's unfair sentencing argument of the defendant and the prosecutor's unfair result from the accident of this case caused the death of the victim, the accident of this case did not properly examine the right and the right and the right of the defendant while running the accident of this case, and did not neglect the defendant's negligence, and the fault of the victim was one cause for the occurrence of the accident of this case, the vehicle operated by the defendant is covered by a comprehensive insurance, the defendant reached an agreement with the victim's bereaved family members and the defendant, and there was no record of criminal punishment exceeding the fine.