교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the result of the victim’s death was very serious due to the instant crime, strict punishment against the Defendant is necessary.
However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since it is too unreasonable, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;