교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment without prison labor, three years of suspended execution, and 120 hours of community service order) is too unreasonable.
2. The judgment of the defendant, even though he was sentenced to a fine of KRW 700,00 on December 12, 2003, a fine of KRW 1 million on November 2, 2005, and a fine of KRW 1 million on November 2, 2005 due to the violation of the Road Traffic Act, also caused the death of the person who was parked while driving a vehicle under the influence of alcohol level of approximately 0.101%. It is recognized that the crime is not good, and that the crime is not good, but it is against the defendant's mistake while making a confession of the crime, but there are circumstances to consider the defendant's crime in the investigation stage, and there are other circumstances to consider the defendant's crime in the investigation stage, other than the above criminal records, there are no other criminal records, and other circumstances to consider the defendant's age, character and behavior, and the conditions of sentencing before and after the crime. Thus, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to 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 as shown in each 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 facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;