교통사고처리특례법위반등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of KRW 1,500,000.
Defendant .
The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the Defendants (in case of Defendant A: imprisonment with prison labor for a maximum of one year, a short of eight months, Defendant B: imprisonment with prison labor for a period of four months, a stay of execution for two years, and probation)
Judgment
Defendant
The defendant's judgment against A is against the crime of this case, the defendant was against the juvenile of 16 years old at the time of the crime of this case, and the FK5 car insurance operated by the defendant is covered by the business car insurance, and the damage of this case seems to have been partly recovered through the above insurance (the trial record 96,97 pages) is favorable circumstances.
However, the defendant, while driving a vehicle without a driver's license, caused the accident of this case to death of the victim I (the victim I, the 14 years of age), and the victim G (the 15 years of age), H (the 16 years of age), and H (the 16 years of age) suffered serious bodily injury, the defendant did not receive a letter from the victim I's bereaved family and victims, and the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents of this case, to which the sentencing guidelines for the scope of the recommended sentence established by the Sentencing adopted by the Supreme Court, are not applicable to the regular concurrent relation, but the sentencing guidelines for the sentencing of Japan are not applicable
Since it will be a lawsuit, the sentencing criteria for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents for Victims I who are most severe punishment shall be indicated.
In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the traffic crime group, the second category (traffic accident death, etc.), the decision on the recommended field (basic field), the scope of recommendation range: imprisonment of 8 to 1 June, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the sentence against the defendant is too unreasonable.
Defendant
The defendant's judgment on B is well aware of the absence of a driver's license by the above defendant A, and the defendant is guilty in the past.