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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.
Judgment
In light of the fact that the instant traffic accident causes the death of three persons due to the Defendant’s breach of the duty of care, such as overworking at a speed exceeding the limit of the Defendant, and the Defendant’s continued driving without a driver’s license for a period exceeding 150 days, the Defendant’s liability is heavy.
However, the fact that the defendant has made a substantial compensation and agreed with the bereaved family members of the victims smoothly, and that the defendant wanted to leave the victim's body, that the bereaved family members of the victims could have left the victim's body in Uzbekistan by bearing the expenses for repatriation of the victims' body, that there was no other criminal punishment except for the previous fines twice, that the defendant is seriously against his/her mistake, and that the defendant is willing to not repeat the crime, such as the defendant's disposal of the vehicle driven without a license, is favorable to the defendant.
Meanwhile, in light of the fact that the victim H drives a bicycle without a license at the time of the instant traffic accident, three drivers, including the driver, and the victim I and the victim J did not wear a fitness, the damage caused by the instant traffic accident seems to have been expanded due to the fault of the victims.
In full view of such various circumstances, Defendant’s age, sexual conduct, circumstances after the commission of the crime, and the conditions of sentencing as shown in the instant records and pleadings, the lower court’s punishment is deemed unfair due to the lack of circumstances.
As the appeal by the defendant is well-grounded, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again followed after pleading.