교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.
2. It is recognized that the victim died of the instant accident and did not reach an agreement with the victim’s bereaved family.
However, in full view of the following circumstances: (a) the Defendant led to confession and reflects on the facts charged; (b) deposited KRW 7 million for the victim’s bereaved family members; (c) the instant vehicle is covered by a comprehensive insurance; (d) the victim was at fault of the victim as the victim was caused by the red signal crossinging on the new wall; and (e) the Defendant appears to have been detained in the first instance court to have been given an opportunity to reflect during the period of detention; and (e) other circumstances, including the Defendant’s age, environment, occupation, family relationship; (b) the background leading to the instant crime; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is unreasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited 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 the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.
1. Article 62 (1) of the Criminal Act with regard to the suspended execution (Taking into account the foregoing circumstances);
1. Social service order under Article 62-2 of the Criminal Act;