교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (a two-year suspended from the execution of imprisonment without prison labor for October, an order to attend a compliance driving lecture for 40 hours, and an order to provide community service for 80 hours) of the lower court is too heavy or unreasonable.
2. The Defendant’s unfavorable circumstances may be acknowledged, such as the death of the victim and the degree of damage is very heavy due to the instant crime, and the accident scene was a cross-section, and thus more attention was needed to pass through.
However, the mistake of the victim who dried the road in a place other than the crosswalk was also a significant cause for the occurrence of the instant accident.
It appears that the damage was recovered to some extent due to insurance money as comprehensive insurance has been purchased on the vehicle operated by the defendant.
The defendant appears to have made efforts to recover damage, such as deposit on the part of the victim's bereaved family upon the judgment of the court below. In particular, at the appellate court, the defendant agreed with the victim's bereaved family members, and thereby, the victim's bereaved family members do not want the defendant's punishment, and the defendant is the first offender who has no record of criminal punishment, etc. In full view of all the sentencing conditions in the records, such as the defendant's age, sex, criminal conduct, environment, means and consequence, the court below's punishment is somewhat unreasonable.
3. In conclusion, 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, and the judgment below is reversed and it is ruled again as follows
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.