교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. On the summary of the grounds for appeal, the defendant asserts that the court below's punishment (six months of imprisonment without prison labor, one year of suspended execution, and forty hours of order to attend a law-abiding lecture) is too unreasonable, and the prosecutor is too uneasible and unfair.
2. The instant crime was committed by the Defendant while driving a vehicle, resulting in a traffic accident that causes the victim’s shocking the crosswalk by occupational negligence, and the victim’s death by the instant accident is heavy.
However, the defendant is an initial criminal who has no record of criminal punishment, and has committed a crime of this case in depth and has not committed a second offense.
In the occurrence of the accident of this case, it seems that the victim has contributed significantly to the fault of crossing the crosswalk in red signals, and it is considered to the circumstances in which the accident occurred.
The defendant deposited KRW 30 million for the bereaved family members of the victim in the court below, and paid KRW 15 million in addition to the above judgment, and agreed with the bereaved family members of the victim.
It is also recognized that the defendant should support his/her family, and the circumstance of losing his/her occupation is also recognized when a judgment higher than a suspended sentence becomes final and conclusive
In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.
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 with merit, and the following decision is rendered
(3) Article 369 of the Criminal Procedure Act applies to cases where an appeal by a prosecutor is groundless, but the original judgment is reversed by accepting an appeal by a defendant, and the prosecutor’s appeal is not dismissed separately from the original judgment). The gist of facts constituting an offense and evidence is the same as that of each corresponding column of the original judgment.
Application of Statutes
1. Criminal facts;