교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The summary of the grounds for appeal (one-year imprisonment without prison labor) by the lower court is too unreasonable.
2. The judgment of the Defendant caused the instant traffic accident by negligence in excess of the speed limit. It is recognized that the victim F was killed due to the instant traffic accident, the rest victims were significantly injured, the bereaved family members of the victim F, and the rest victims were unable to use the Defendant yet.
However, the defendant shows an attitude against the victim when recognizing the crime of this case, the vehicle driven by the defendant seems to have been covered by the comprehensive motor vehicle insurance and partly compensated for the victims. The defendant deposited approximately KRW 20 million for the bereaved families of the victim F, and the negligence on the part of the victim in the occurrence of the accident of this case seems to have been part of the occurrence of the accident of this case, and the fact that the defendant has no record of criminal punishment for the same kind of crime before the crime of this case is committed is favorable to the defendant.
In full view of the above circumstances and the defendant's age, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence that the court below sentenced the defendant is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Traffic accidents under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;