교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
Defendant shall be sentenced to imprisonment without prison labor for a crime that violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Death).
1. The summary of the grounds for appeal (4 months of imprisonment) of the lower court is too heavy (the Defendant) or too low (the Defendant).
2. The fact that the Defendant’s mistake is divided and reflected in the judgment, that the bereaved family member and the bereaved family member wanted to take the Defendant’s preference even in the case of a party by agreement with the victim’s bereaved family member, and that the employee was willing to take exclusive charge of delivery affairs by employing new staff members, etc. is favorable to the Defendant.
However, in full view of the fact that the defendant committed the crime of this case again in the last three months of the date on which the suspended sentence was imposed even though the defendant had caused the death of another victim due to the same crime, and other various sentencing conditions as shown in the records and arguments, such as the age, character and character environment of the defendant and circumstances before and after the crime, it is deemed that the sentence imposed by the court below is somewhat unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to 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 evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the occupation of unregistered driving, the selection of fines);
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;