교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
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 (10 months) on the summary of the grounds for appeal is too unreasonable.
2. As long as the Defendant acquired a driver’s license, the Defendant caused a traffic accident in which the damaged vehicles that had been driven while driving on the snowway, kiding the center line, and kiding the damaged vehicles that had driven on the opposite lane.
In the instant accident, the victim I died, and the victim E, F, and H have great damage due to heavy injuries.
Until the trial, the victim G did not agree with the victim G.
However, the defendant has no record of criminal punishment, and has a depth of the crime.
In addition to the case where the instant vehicle is covered by a comprehensive insurance, the Defendant agreed with the victim F and agreed with the victim G.
Examining all of the records and arguments in the instant case, including the character, conduct, environment, and family relationship of the Defendant as 21 years of age, the sentence imposed by the lower court is 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) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents Caused by Occupational Death resulting from Gross Death which is the largest punishment);
1. Selection of alternative imprisonment without prison labor;
1. As seen earlier, Article 62(1) of the Criminal Act provides for the suspension of execution.