교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) by the lower court is too unreasonable.
2. The crime of this case, which resulted in the death of a victim who has dried on a road by neglecting the duty of care for driving a motor vehicle, is disadvantageous to the defendant, and the result of the crime is heavy, and the defendant has a record of criminal punishment seven times including the same kind of criminal records.
On the other hand, the fact that the defendant repents his wrong and reflects the defendant's mistake at the time of the accident in this case, it seems that it was difficult to view after sunset, and that there was a mistake by the victim who contributed to the occurrence of the accident in this case, immediately after the crime, the defendant made efforts to provide relief to the victim, such as reporting to the 119 rescue team and the police, the defendant's vehicle was covered by comprehensive insurance, and the defendant paid insurance money to the bereaved family of the victim. The defendant deposited KRW 10 million for the bereaved family of the victim at the court below, the defendant agreed with the bereaved family of the victim at the trial, and the bereaved family of the victim wanted to take the preference for the defendant, and the fact that the defendant supported his spouse and children and the parents who are not healthy.
In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.
3. As the defendant's appeal is with merit, the part of the judgment below excluding the compensation order pursuant to Article 364 (6) of the Criminal Procedure Act shall be reversed, and the arguments shall be followed again.