교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.
2. We examine the judgment, and the crime of this case committed by the defendant is considerably serious in light of its details, contents, and result.
In light of the fact that the victim's bereaved family members are suffering from a huge mental suffering due to the defendant's crime, and the bereaved family members have failed to reach a smooth agreement with the victim so far so far, it is necessary to punish the defendant strictly. However, considering the fact that the defendant led to the crime of this case, and stated that the defendant is guilty, the defendant is guilty of the crime of this case. On the other hand, the vehicle involved in the accident is covered by a comprehensive motor vehicle insurance, the vehicle involved in the accident is deposited in the court below's total amount of KRW 10 million in the court below for the victim's bereaved family members, and deposit KRW 5 million in the court below for the victim's family members, and other various circumstances that are conditions for sentencing such as the defendant's age, character, character, intelligence and environment, circumstances after the crime, family relationship, etc., the defendant's argument is somewhat unreasonable since the sentence imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Legal provisions applicable to the facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) and 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and grounds for sentencing under Article 268 of the Criminal Act;
1. Scope of punishment: One month to five years of imprisonment without prison labor;
2. The scope of recommendations according to the sentencing criteria [type of crime] traffic crime group, general public;