교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., both forms of imprisonment without prison labor) of the lower court is too unreasonable.
2. The judgment of the court below is that the traffic accident of this case occurred because the defendant tried to overtake the driver's right side of the victim because it is unreasonable, and that there was a harsh consequence of the victim's participation at the scene. At the time of the traffic accident of this case, although the defendant did not reach the indictment volume, he was drinking, and its numerical value is also close to the punishment standard (in order to maintain the left side of the road, the driver's accident vehicle of this case, when the driver's accident of this case was pushed down to the right side of the road with the narrow side of the road, and the air bags of the driver's accident ended to the right side of the accident, which is the conflict with the wall, and the upper side and back side of the accident. Considering the above circumstances, the defendant's family members and the victim's bereaved family members did not want the direction at the time of the collision with the accident vehicle of this case and the accident of this case, the court below did not have to take into account the fact that the defendant's death and behavior are less favorable to the defendant's victim's life or accident.