교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering that the nature of the instant crime is not good and that the Defendant’s negligence is serious, strict punishment against the Defendant is necessary.
However, the court below's punishment is too unfair in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., since the defendant's punishment is recognized to be too unreasonable, it is recognized that the defendant's punishment is too unreasonable, since the defendant's punishment is too unreasonable in consideration of the defendant's considerable amount of money for the recovery of damage, and deposits in addition to 10 million won for the victim's bereaved family in the trial. In the trial of this case, the victim's bereaved family members do not want the punishment of the defendant in consultation with the victim's bereaved family members, in addition to three times of fines.
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, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted 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 the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;