교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than three years and six months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant has the following disadvantageous circumstances:
Each of the crimes in this case is likely to cause a traffic accident while driving a motor vehicle more than 80 km speed under the influence of alcohol at a level at which the driver's license is revoked. In light of the content of the crime, the possibility of criticism is high.
In the traffic accident caused by the defendant, two of the victims who were accompanied by the defendant's vehicle died, and two of the victims died significantly.
In the past, the defendant has been punished for a fine due to drinking or driving without a license.
The victim I did not receive any tolerance from the bereaved family members of the victim I.
However, there are the following favorable circumstances for the defendant.
The Defendant recognized each of the crimes in this case and reflected against himself.
The Defendant had no record of criminal punishment in the Republic of Korea, except for the punishment of a fine due to drinking or driving without a license, prior to each of the instant crimes.
In agreement with the victims who suffered the injury before the judgment of the court below is rendered, the victims have not been punished.
In addition, when the defendant was in the first instance, the above bereaved family members have not been punished by the defendant in consultation with the bereaved family members of the victimJ.
In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.
Therefore, the prosecutor's above argument is without merit, and the defendant's above argument is with merit.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.