교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for six months and one year of suspended execution) of the lower court is too unreasonable.
2. The Defendant’s liability for the instant traffic accident is not minor in that the instant traffic accident resulted in the death of the victim.
However, in light of the fact that the defendant is a primary offender with no criminal history, all of his errors are recognized, and they are against their depth, the situation where the victim was living around the time immediately before sunrise, and there was a circumstance that the victim was driving ahead of the two-lane road without permission, and the defendant paid a considerable amount of insurance money to the bereaved family members through the comprehensive insurance in which the defendant was admitted, and the defendant also has expressed his/her intent that the bereaved family does not wish to punish the defendant by paying additional agreed money to the bereaved family members, and that the bereaved family members do not wish to punish the defendant. In addition, considering all of the sentencing conditions of the case, such as the defendant's age, career, character and behavior, environment, family relationship, motive and background of the crime, means and consequence of the crime, the punishment of the court below is too unreasonable.
3. As such, the defendant'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 the judgment below is ruled again as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of each of the judgment below. Thus, it is acceptable to accept it as it is 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In the part of the judgment on the grounds of appeal for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment is ordered as set forth in the Disposition, comprehensively taking into account the various circumstances and conditions of sentencing.