교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in August) is too unreasonable.
2. The judgment of the Defendant is due to an negligent act in violation of the signal, the victim E is dead due to the instant accident, the victim G is also serious damage due to an injury requiring approximately eight weeks medical treatment, and the victim G was not able to receive a letter from the victim G is disadvantageous to the Defendant.
However, the defendant acknowledges and reflects his wrongness.
The victim E caused the instant accident in violation of the signal while under the influence of alcohol, and the damage was increased due to the failure of all victims to wear safety caps.
The defendant is covered by the comprehensive motor vehicle insurance, deposited 1.5 million won for the victim G, and the family of the victim E does not want the punishment of the defendant by mutual consent with the surviving family of the victim E.
The defendant is not in a health condition after undergoing a kidne transplant surgery.
In addition, considering all sentencing factors shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence of the court below against the defendant 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 following judgment shall be rendered after pleading.
[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. 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;
1. Article 40 and Article 50 of the Criminal Act, the selection of a punishment without prison labor, and the selection of a punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The order of the lecture attendance order is issued in consideration of various sentencing factors prior to the sentencing grounds of Article 62-2(1) of the Criminal Act.