교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The lower court’s sentence (eight months’ imprisonment without prison labor) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The judgment of the Defendant neglected to take the front time while driving and did not observe the safety distance, resulting in a serious consequence leading up to the death of the victim.
However, in full view of the fact that the defendant appears to have an attitude to recognize and reflect the crime, the insurance money equivalent to KRW 72 million has been paid to the bereaved family members of the victim in a comprehensive insurance policy, and that the victim's family members have reached an agreement to pay KRW 10 million to the bereaved family members, there has been no record of punishment for the same kind of crime or any record of suspended execution or heavier punishment, and that the defendant has to care for his married couple, and all of the sentencing conditions specified in the argument of this case, including the defendant's age, sex, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited 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;