교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence of the lower court’s reasoning for appeal (eight months) is too unreasonable.
2. The instant crime committed by the Defendant is driving a vehicle.
In light of the fact that a traffic accident caused the death of the victim by negligence in violation of the signal, the crime is not good in light of the background, method and content of the crime, the consequences of the accident, etc., and the victim's bereaved family members did not reach an agreement with the victim up to the trial, and the victim's bereaved family members wanted to severely punish the defendant. However, there are unfavorable circumstances such as the defendant's time of committing the crime, there is considerable negligence in the occurrence or expansion of traffic accident, the victim is also at fault, the vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance, the defendant deposited 10 million won for the victim's bereaved family members, deposited 12 million won for the victim's bereaved family members at the court below, and deposited 12 million won additionally for the first time in the trial, and the defendant deposited 12 million won for the victim's family members without the record of criminal punishment, the defendant's punishment is too unreasonable, and the defendant's assertion is justified.
3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited 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. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act and the probation, etc. of orders to provide community service and attend lectures;