교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. According to the records and arguments of this case regarding the defendant's assertion of unfair sentencing, the sentencing conditions are acknowledged as follows.
The unfavorable sentencing condition: The crime of this case results in the death of the victim, and the bereaved family members of the victim are expected to suffer a great mental suffering, and the defendant's bereaved family members are to severely punish the defendant until the trial is the case. The defendant has been punished or investigated several times by causing a traffic accident before the case: the defendant has been detained for not less than three months, and the defendant deposited 30,000 won in total for the bereaved family members of the victim at the time of the trial; the vehicle operated by the defendant is subscribed to the taxi mutual aid association; and the victim was negligent in the occurrence of the accident of this case, it is unreasonable to consider the above sentencing condition of the court below as a whole.
2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act (the determination of a sentence) of the Act on Orders to Provide community service and attend lectures is [the case where a victim is negligent in the occurrence of traffic accidents or the expansion of damage, even for the victim of the Class II (the death of a traffic accident) of the ordinary traffic accident.