교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below is too unreasonable in light of the following: (a) the summary of the grounds for appeal (e.g., the background of the instant accident; (b) the Defendant reflects the depth; and (c) efforts to recover damage.
2. The instant crime committed by the Defendant, while under the influence of alcohol content 0.087%, caused the death of the victim who was on board the Defendant’s vehicle due to low oxygen cerebral brain damage by neglecting his/her duty of care at the front of the Defendant’s driving vehicle by neglecting his/her duty of care at the front time. As such, it is difficult to punish the victim who was on board the Defendant’s vehicle due to the shock of the signal signal at the front of the driver’s vehicle. In addition, it is necessary for the Defendant to severely punish the risks to the public. Moreover, the Defendant caused the death of the victim by causing a traffic accident, resulting in the death of the victim, and the result was very serious. The vehicle involved in the accident was excluded from the subject of comprehensive insurance due to its violation of the age limit conditions, and thus the damage to the bereaved family members of the victim was not
However, in full view of all the circumstances, including the Defendant’s age, character and conduct, background of the instant crime, circumstance before and after the instant crime, etc., the Defendant was driving a vehicle of the victim to return the victim to the Republic of Korea, and the Defendant was able to commit the instant crime, and the Defendant was able to take care of and reflect in depth the death of the victim due to his initial crime without any criminal power, and even under difficult circumstances, the Defendant deposited KRW 20 million for the bereaved family of the victim at the lower court, and paid KRW 473,50,00 for the bereaved family of the victim, and the Defendant appears to have made a practical effort to recover from damage. In addition, taking into account all the circumstances that form the conditions of the instant sentencing as indicated in the records such as the Defendant’s age, character and behavior, environment, circumstance of the instant crime, and circumstances before and after the instant crime, the sentence imposed by the lower court is unreasonable.