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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal: The sentence imposed by the lower court on the grounds of unfair sentencing (4 months of imprisonment without prison labor and one year of suspended execution) is too unreasonable.
2. The Defendant caused the death of the victim in violation of his duty of care to reduce speed and thoroughly operate the front-time emergency, and to safely pass the intersection by properly manipulating the operation and steering gear.
Considering these circumstances, it is necessary to strictly punish the defendant.
However, all of the crimes of this case are recognized by the defendant and are in violation of depth, there is negligence of crossing the road without permission even to the victim, the vehicle of the defendant is covered by the comprehensive automobile insurance, and the defendant receives the letter from the bereaved family of the victim is favorable to the defendant.
In addition, in full view of the defendant's age, occupation, character and conduct, environment, family relationship, motive and background of the crime of this case, means and consequence of the crime of this case, and all of the sentencing conditions shown in the records and arguments, the punishment of the court below is deemed unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the Judgment of the court below, 【1. On-the-spot photographs, body photographs, and black booms-down photographs,” except for the addition of “1. On-the-spot photographs, body photographs,” in the summary of the evidence of the judgment of the court below, the summary of the facts constituting a crime and the evidence recognized by the trial of the court below, and the summary of the evidence thereof, are cited in accordance with Article 369 of the Criminal Procedure Act.
[However, in the summary of the evidence of the judgment below, the "1. Traffic Accident Report" is obvious that it is a clerical error in the "1. On-the-spot Investigation Report", and thus, it shall be corrected in accordance with Article 25 of the Regulations on Criminal Procedure.
1. Criminal facts;