교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., indubly unfair) argues that the Defendant’s punishment (e.g., in October) by the lower court is too unreasonable, and that the prosecutor is too unhued and unreasonable.
2. In full view of the reasons for sentencing indicated in the argument and the record of the instant case, such as the fact that the Defendant led to the confession of the instant crime and reflects against the Defendant, that the bereaved family members of the victim do not want to be punished by the Defendant, and that the Defendant did not have any record of punishment exceeding the fine, the lower court’s punishment seems to be unreasonable. As such, the Defendant’s assertion on unfair sentencing is reasonable, and the Prosecutor’s assertion on this issue is without merit.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.
(3) Article 369 of the Criminal Procedure Act provides that “ insofar as an appeal by a defendant is reversed on the ground that the appeal by a public prosecutor is well-grounded, the appeal by a public prosecutor shall not be dismissed in separate text of the judgment).”
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, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service or attend lectures;