2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant did not take any protective measures such as aiding and abetting the victim while driving a cargo without a license, and thus causing the victim's death because it did not take any protective measures such as aiding and abetting the victim, and the nature of the crime and the method of the crime are very poor; where the defendant took any protective measures against the victim immediately after the occurrence of the accident, the victim could not die; the defendant did not agree with his/her bereaved family; and the victim's bereaved family members want to punish the defendant; and the defendant has a history of criminal punishment several times, such as violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and violation of Road Traffic Act

On the other hand, all of the crimes of this case are favorable to the defendant, such as the fact that the defendant recognized each of the crimes of this case, the fact that the defendant surrenders himself to the investigation agency, the fact that the insurance company affiliated with the vehicle operated by the defendant paid 41,449,370 won to the bereaved family members of the victim in order to recover damage, the fact that the defendant deposited 20 million won to the bereaved family members of the victim in the original trial, and additionally deposited 5 million won in the original trial.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 ◈ 법률상 처단형의 범위: 징역 1년 6월 ~ 15년 6월 ◈ 양형기준의 적용 유기 치사죄 [ 유형의 결정] 체포 ㆍ 감금 ㆍ 유기 ㆍ 학대 > 유기 ㆍ 학대 > 사망의 결과가 발생한 경우 > 제 1 유형( 유기 ㆍ 학대 치사) [ 특별 양형 인자] 감경요소: 자수 [ 권고 영역 및 권고 형의 범위] 감경영역, 징역 1년 6월 ~ 3년...