교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible.
2. When the defendant first shocks the victim, the defendant continued to proceed with his/her warning in the aftermath in the vehicle and resulting in a serious result of the death of the victim, and the fact that the defendant was punished for the same kind of crime is disadvantageous to the defendant.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the bereaved family members of the victim do not want the punishment of the defendant when the victim came to reach an agreement with the bereaved family members, and the defendant has no history of punishment exceeding the fine.
Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence of the lower court is deemed to be too unreasonable.
Therefore, the defendant's assertion of unreasonable sentencing is reasonable, and the prosecutor's assertion that the court below's punishment is too unjustifiable and unreasonable is without merit.
3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is judged again through pleading.
(Inasmuch as an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed separately from the disposition. [Reasons for the judgment of the court below] Criminal facts and summary of evidence, and summary of evidence, are the same as that of the judgment of the court below, and thus, the Criminal Procedure