교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The lower court’s sentence (7 million won of a fine) against the Defendant in the summary of the grounds for appeal is deemed unreasonable because it is too unhued.
2. In the occurrence of the instant traffic accident, the judgment of the court below was based on the victim’s negligence, the defendant subscribed to a comprehensive insurance, and paid insurance money equivalent to KRW 170 million to the victim’s bereaved family members. At the court below, the defendant deposited KRW 3 million for the victim’s bereaved family members, and the defendant recognized and reflected against the crime. However, the court below partially recognized the circumstances favorable to the defendant. However, in full view of the various circumstances, including the fact that the result of the victim’s death was occurred due to the instant traffic accident, the defendant did not reach an agreement with the victim’s bereaved family members, and other circumstances that form the conditions for sentencing specified in the instant case, such as the defendant’s age, character and behavior, environment, family relationship, etc., the court below’s punishment of the court below is deemed to be unreasonable because it is somewhat unreasonable,
3. In conclusion, the prosecutor'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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment 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 on the suspended execution (average conditions favorable to the defendant among the grounds for reversal in the front);