교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
However, the period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (one and half years of imprisonment without prison labor) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the defendant caused a traffic accident resulting in the death of the victim by negligence, which caused the death of the victim, without accurately operating the steering and brakes, while living well in the situation of the future. This is not that of the crime.
However, the defendant is wholly responsible for the defendant due to the fact that the defendant recognizes and reflects his mistake, there is no record of punishment in Korea, and circumstances that may be considered in the course of the occurrence of the accident.
In full view of the fact that it is difficult to see, that the damage recovery was made in the automobile comprehensive insurance policy subscribed to the accident vehicle, that there was a family member to support the home country, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable since it is too unreasonable.
Therefore, the defendant's above assertion is justified.
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 defendant's appeal is again decided as follows.
【Re-written part of the judgment below] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
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. In light of all the sentencing conditions examined in the determination of the reasons for sentencing under Article 62(1) ( considered favorable circumstances in the determination under Article 62(2) of the Criminal Act, the sentence shall be determined as per the order.