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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.
but for three years from the date this judgment becomes final.
Reasons
1. The summary of the grounds for appeal (e.g., double-type) is not clear that the Defendant was running at a speed of 70km/h at the time of the instant accident, the time of the occurrence of the accident is almost time without people's passage, the location where the accident occurred is about five-lane roads, and there was a doubt about recognizing the speed of 48km/h because it was not lowered at the time of the accident, and the Defendant agreed with the victim's bereaved family members. In light of the fact that there is a doubt about recognizing the speed of 48km/h, the lower court's punishment (one year and six months) is too unreasonable.
2. According to Article 19(2)1(a) of the Enforcement Rule of the Road Traffic Act, where the landed surface is milched, a person shall be forced to drive at a reduced speed of 20/100 of the maximum speed of the provision.
According to the evidence duly admitted and investigated by the court below, the accident of this case is a general road with a restricted speed of 60km/h [the report of investigation on the list of evidence No. 18 (the report materials related to the speed limit to the south cycle and the extract of the corresponding provisions of the Road Traffic Act], and the fact that the surface was milkd immediately after the accident of this case occurred (the investigation report No. 16 of the list of evidence No. 16, the investigation report No. 20 of the list of evidence No. 16, the investigation report No. 20 of the accident No. 16, and the investigation report No. 20 on Nov. 21, 2018 (the strong confirmation in Seoul City)]. The defendant was driving the sea of this case at a speed of 70 km/h on the south cycle of 1:26:52, Nov. 21, 2018; the defendant did not take an investigation device at a speed of 70 km from the prosecutor's office before the accident occurred.
The Enforcement Rule of the Road Traffic Act and its recognition.