교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment of the Defendant caused the instant traffic accident by drinking, over-speed driving, and the blood alcohol concentration at the time of driving the instant drinking is 0.112%.
Due to the instant accident, the victim G died, and the victim H suffered serious injury, such as the lower half of the body.
However, vehicles are covered by comprehensive insurance.
The Defendant agreed with the bereaved family members of the victim G in the lower court, and agreed with the victim H in the first instance trial.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.
[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.
Application of Statutes
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), the proviso to Article 3(2)3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 (Punishments as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes and Crimes in Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Punishment for Crimes in Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the quality of which is heavier);
1. Selection of a sentence of imprisonment without prison labor for crimes violating the Traffic Act at the option of a sentence, and a sentence of imprisonment without prison labor for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.