교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Public prosecutor on the gist of reasons for appeal: Unfair sentencing; and
2. The judgment defendant has reached an agreement with the bereaved family and is the first offender.
However, considering the fact that the most serious result of the death of the three children due to the Defendant’s breach of duty of care (which seems not to have been seen as proper), the Defendant’s negligence is not deemed to be less severe, and the Defendant’s age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., the lower court’s punishment is deemed to be unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited 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 selection of
1. Article 62 (1) of the Criminal Act;
1. Social service businesses under Article 62-2 of the Criminal Act;