교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (one year’s imprisonment without prison labor) on the gist of the grounds of appeal is too unreasonable.
2. The judgment of the court below is that the defendant caused a traffic accident and caused the death of the victim, the defendant is recognized to have committed the crime of this case during the period of repeated crime due to the act of double-class crime, but the defendant has no record of punishment for the same crime, and there is no depth in the confession of the crime of this case, and the defendant's bereaved family has been paid insurance amount of KRW 58,330,000 to the victim's bereaved family members since he was admitted to the liability insurance, since the defendant's wife and the victim did not want the defendant's punishment under the agreement with the victim's wife, and the defendant caused the accident in the situation where it is difficult to secure the situation due to the vehicle parked on the right side of the road due to the vehicle parked on the road without any signal, it appears that there was some negligence on the part of the victim in the occurrence of the accident, and considering all circumstances such as the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, etc., the sentencing conditions after the crime are too unreasonable.
3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows, except for deletion of one and two of the facts charged in the judgment of the court below, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;