교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the nature of the instant crime is not significantly good, the victim’s serious consequence has occurred, and the blood alcohol concentration is considerably high, strict punishment against the Defendant is necessary.
However, considering the following facts: (a) the Defendant’s mistake is divided; (b) the Defendant’s past records of criminal punishment other than the suspension of indictment twice; (c) the Defendant agreed with the bereaved family members of the Victim F and the Victim G; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant argument, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable; and (d) the Defendant’s above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the 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), the proviso to Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence and causing occupational negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Determination of imprisonment without prison labor for a crime that violates the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, and for a crime that violates the Road Traffic Act;
1. Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 (the punishment shall be imposed by increasing the punishment by concurrent crimes with the punishment prescribed for a crime that has no heavier penalty, and the lower limit of the punishment shall be imposed thereon;