교통사고처리특례법위반
The judgment of the court below is reversed.
The imprisonment without prison labor for the accused shall be determined by eight months.
provided that this ruling has become final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment without prison labor for eight months) is too unreasonable.
2. In light of the circumstances favorable to the defendant, such as the motive and circumstance leading up to the crime of this case, the situation before and after the crime of this case, the age of the defendant, character and character, occupation and family relationship, etc., if the defendant is found to be guilty, there is no past record of criminal punishment beyond the fine prior to the occurrence of this case, and there is no previous record of criminal punishment, the defendant is opening a mutual aid association, the defendant has deposited 6 million won for the deceased victim's bereaved family, and the defendant has agreed to pay 6.5 million won additionally, and there are other circumstances favorable to the defendant, such as the motive and circumstance leading to the crime of this case, the situation leading to the crime of this case, the age, character and conduct of the defendant, occupation and family relationship, etc., and other circumstances that form the conditions of sentencing as shown in the records, such as the motive and circumstance leading to the crime of this case, the age and circumstances before and after the crime of this case, the defendant's age, occupation and behavior, occupation and family relationship, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with a heavier penalty);
1. Selection of a sentence of imprisonment without prison labor;