교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. Determination is an unfavorable condition against the Defendant, such as the following: (a) the Defendant was driving in a state of 0.129% alcohol concentration and causing the instant accident resulting in the death of the victim; and (b) the Defendant had been sentenced to a fine due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents even before,
However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the victim was at night at considerable negligence in the occurrence of the traffic accident of this case, the vehicle driven by the defendant is covered by comprehensive insurance, the defendant immediately reported it to the police after the accident of this case and sent the victim to the hospital, the defendant's family or relative cannot be found, and it does not reach an agreement because it does not reach an agreement, the defendant led to the confession of the crime of this case, and is in contravention of the defendant's social relation and family life for about two months, the social relation of the defendant is clear and is in the position to support his family, and there is no specific criminal power other than two times of fine, etc., the defendant's character, conduct and environment favorable to the defendant, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and the conditions of punishment as shown in the records and arguments, the above argument of the defendant is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column 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 in the Selection of Punishment, and Criminal Act;