교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The defendant does not pay the above fine.
1. The sentence of a fine of KRW 3 million imposed by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.
2. It is clear that there is a circumstance that can take into account the sentencing of the Defendant, such as: (a) the Defendant took the attitude of recognizing and opposing the Defendant’s mistake; (b) the time of the instant traffic accident, before sunrise; (c) the Defendant was living around the crosswalk; and (d) the Defendant was passing along the crosswalk according to the vehicle driving signal; (b) it was not easy to detect the victim; (c) the victim was crossing the road after the pedestrian signal in the crosswalk was changed to red color; and (d) the Defendant was an important cause for the occurrence of the instant traffic accident; (d) the bereaved family members do not want the Defendant’s punishment by mutual consent with the victim’s bereaved family members; (e) the vehicle driven by the Defendant is covered by the comprehensive automobile insurance; and (e) there is no criminal power against the Defendant.
However, considering the location where the instant traffic accident occurred, the crosswalks above the two-lanes among the two-lanes, the pedestrian who attempted the unauthorized crossing of the vehicle at 6:00 am at the time of the occurrence of the accident does not have a large number of pedestrians who failed to complete the crossing before the signal is changed, there is no vehicle driving on the Defendant’s ongoing lane or the opposite lane at the time, and there was no significant result in the death of the victim due to the instant traffic accident, the degree of damage caused by the Defendant’s negligence or its damage and the possibility of criticism on the instant crime cannot be easily assessed.
Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, background of the crime, and circumstances after the crime, the sentence of the court below is too weak.
3. In conclusion, the prosecutor's appeal is justified.