교통사고처리특례법위반(치사)
The defendant's appeal is dismissed.
1. The sentence (4 months without prison labor) imposed by the court below on the defendant is too unreasonable.
2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.
The Maritime Vehicle that the defendant drives is covered by the comprehensive motor vehicle insurance.
The defendant is the first offender.
The defendant deposited KRW 20 million on the side of the victim's bereaved family.
The crime of this case was committed in a disadvantageous manner, resulting in the death of the victim, resulting in a central line collision, and the result is extremely severe and the degree of negligence is not somewhat weak.
A victim's bereaved family member was unable to receive a letter.
In light of the various conditions of sentencing and the sentencing indicated in the instant arguments and records, including the above favorable circumstances, unfavorable circumstances, the Defendant’s age and character environment, relation to the victim, the motive and consequence of the crime, the circumstances after the crime, etc., and the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment from April to one year [the scope of recommended punishment] in general traffic accident (the range of punishment from April to one year] in the mitigated area (the special mitigated person] (the special mitigated person] in accordance with the sentencing guidelines, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.