교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.
2. The judgment of the court below neglected the defendant's duty of care for the traffic accident of this case resulting in the death of the victim, and it is recognized that the defendant had the record of being punished once a fine for the same kind of crime, but the defendant led to the confession of criminal facts, reflects his mistake through confinement life exceeding two months, the defendant's vehicle is covered by comprehensive motor vehicle insurance, and the victim's bereaved family does not want the punishment by mutual consent with the victim's bereaved family during the trial, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc., are somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;