교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year and two months) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is determined by the Defendant’s negligence, which led to the shock of the victims who walk the crosswalk, and is grossly negligent.
In the instant accident, victims of the instant accident were dead, and victims E, their children, were suffering from injuries, such as culture bridge, bones, etc. requiring approximately 10 weeks medical treatment.
However, the defendant is a primary offender, and the defendant's driver's vehicle has been covered by a comprehensive insurance policy, and the defendant's prior wife is sought from the victim's side by agreement with the victim.
The defendant committed the crime of this case in depth and reflects that he did not repeat the crime of this case.
In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries 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. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of injury by occupational negligence);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;