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 summary of the grounds for appeal is too unreasonable that the imprisonment without prison labor for ten months declared by the court below against the defendant is too unreasonable.
2. The crime of this case is acknowledged in light of the result of damage, etc., which resulted in the death of the victim who caused the death of the victim in a state of blood cerebral brain or quasi-cerebral brain by negligence, which caused the defendant to neglect his/her duty of front-time care while driving a motor vehicle.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening his mistake; (b) the victim acted as one cause in the occurrence of an accident in a place other than a crosswalk; (c) the harming vehicle is covered by a comprehensive motor vehicle insurance; (d) the victim’s bereaved family members and bereaved family members have reached an agreement in the trial; (b) the Defendant did not want to be punished against the Defendant; (c) the Defendant’s parents and affiliated persons have previously been punished; (d) the Defendant’s parents and affiliated persons want to take the Defendant’s wife against the Defendant; and (e) other circumstances that form the condition of sentencing specified in the record, such as the Defendant’s age, environment, occupation, family relationship; and (e) the circumstances leading to the instant crime; and (e) the sentence of the lower court is unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 1.1.