교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two-month imprisonment, two-year suspended sentence, eight-hours of community service order, and forty-hours of order to attend a compliance driving lecture) is too unhued and unreasonable.
2. In light of the content of breach of duty of care, degree of injury, etc., the crime of this case is an unfavorable circumstance against the Defendant, in light of the following: (a) the Defendant, while driving a vehicle without being insured, was faced with an injury requiring a medical treatment for about eight weeks by shocking the victim who was driving a vehicle on the opposite part by negligence, who violated the signal; and (b) the nature and circumstances of the crime and the degree of injury; and (c) the damage recovery is insufficient.
On the other hand, in full view of the following circumstances: (a) the Defendant committed a crime, which reflects the Defendant’s mistake in depth while committing the crime; (b) there is still a favorable condition for the Defendant, such as the age of the Defendant and the absence of any special criminal record; and (c) other conditions of sentencing specified in the instant argument, including the character, conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment appears to be within a reasonable and appropriate scope;
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.