교통사고처리특례법위반등
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 sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.
2. The accident of this case causes severe damage to the victim as a result of the death of the victim.
Until the trial of the case, the defendant did not reach an agreement with the victim, and the bereaved family members want to punish the defendant with severe punishment.
However, the defendant was the first offender and deposited 34 million won for the victim's bereaved family members.
Considering the time and place of the accident in this case, there are circumstances to consider the background of the accident, and the defendant repented the mistake of the crime in this case and reflected it.
In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too 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, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries 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 relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than punishment);
1. Selection of alternative imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);