특정범죄가중처벌등에관한법률위반(위험운전치사)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 main prosecutor of the grounds for appeal appealed to the effect that the court below’s punishment (two years of imprisonment) is too unhued and unreasonable, and that the Defendant appealed to the effect that the above punishment of the court below is too unreasonable.
2. In light of the judgment, the Defendant, while driving a vehicle under the influence of alcohol, caused a traffic accident resulting in the death of the victim, and did not reach an agreement with the bereaved family members of the victim so that the victim can move to the trial. Thus, the Defendant’s sentence of imprisonment is inevitable on the ground that the above circumstances are the same.
However, in light of the following: (a) the Defendant, who had no record of criminal punishment, divided the first offense into a false criminal, and sought a serious letter to the bereaved family members of the victim; (b) appears to have been compensated for the bereaved family members by a comprehensive insurance with the Defendant’s vehicle covered by the Defendant’s vehicle; and (c) also, in light of the fact that the parent, family member, relative, school club member, and post-ship, etc., who wanted the Defendant’s wife while continuing to attend the court after up to the operating schedule of the Athymamam, appears to be relatively healthy in social ties; and (d) the social ties relation is relatively more likely to be relatively healthy; and (e) all the sentencing conditions specified in the records of the instant case, such as the Defendant’s age, occupation, character and environment, the background and result
It is recognized that it is too unreasonable rather than that.
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 following decision is delivered
(3) Article 369 of the Criminal Procedure Act provides that “The appeal by a prosecutor shall not be dismissed, inasmuch as the appeal by the defendant is accepted and the judgment of the court below is reversed.”