2016No5198 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury), Act on Special Cases concerning the Settlement of Traffic Accidents

Violation (Bodily Injury)

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Both parties

Freeboard (military prosecutors, public prosecutions, and public prosecutions) and gambling (public trials)

Attorney Man Byung-chul

50 Military Court Decision 2016Da19 decided November 10, 2016

June 8, 2017

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not more than four months.

1. Summary of grounds for appeal;

As to the punishment (one year of suspended execution and two years of suspended execution) sentenced by the court below, the defendant asserts that the prosecutor is too unhued and unfair.

2. Determination

The defendant recognized the crime of this case and reflects the mistake, and it is recognized that the defendant did not have any criminal record in addition to juvenile protective disposition, by mutual agreement with the victim Do Governor Do Governor Do Governor, bereaved family of the victim, the victim, and the victim.

However, the crime of this case occurred while running a road of 80 km a speed exceeding 200 km a speed of speed per hour, and the degree of violation of the defendant's duty of care is very large. The driver of the damaged vehicle due to this case is dead and the driver of the damaged vehicle has caused a serious result in a serious injury to the driver of the damaged vehicle, and the corresponding punishment is required for the defendant.

In full view of the above circumstances and all the sentencing conditions shown in the records and arguments, such as the character, conduct, environment, and circumstances after the crime, the sentence sentenced by the court below is too uneasible and unfair.

3. Conclusion

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows (There is no reason to appeal by the defendant, but the defendant's appeal is accepted by the prosecutor, and the judgment of the court below is reversed,

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and proviso of Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of injury by occupational negligence)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act / [Punishment as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) that has heavier Crimes]

1. Selection of punishment;

Selection of imprisonment without labor

Judges Nam-dae et al.

Judges Yang Democratic

Judges Noh Jeong-hwan