교통사고처리특례법위반
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment without prison labor for ten months;
1. The summary of the grounds for appeal (one year and six months of imprisonment without prison labor, three years of suspended execution, 120 hours of community service order, and 40 hours of order to attend a course) that the court below rendered is too unfasible and unreasonable.
2. The judgment below acknowledged the crime of this case as a primary offender without previous conviction and reflected in depth and agreed with the victims other than the victim F. The court below deposited a total of KRW 30 million for the victim F until the court below and the court below held that the crime of this case was committed at a speed of about 142 km for the defendant's family members, but the crime of this case was committed at a speed of about 80 km for the defendant's national highway at a speed of about 142 km for the defendant, and the five victims who were on duty in the front side and the back on the back of the back of the back of the river, and caused the death of two of them and the injury to three of them. In particular, the victim F cannot recover from damage through comprehensive insurance even though it is expected that the victim's family members might suffer from serious posthue after taking about about 14 weeks of medical treatment, and it is unfair that the defendant's family members might suffer severe punishment by taking account of various circumstances such as the defendant's age, character and behavior, etc.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court 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 concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The selective penalty of imprisonment without prison labor;