교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is deemed to be too untile and unfair.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of first instance ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant caused the instant traffic accident by negligence while neglecting his/her duty of care on the front and the right and the right and the right and the right and the right and the fact that the serious result of the death of the victim, and that the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Act on Special Cases Concerning the
However, the above circumstances were already withdrawn during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized the error of the lower court and reflect in depth, agreed with the bereaved family members of the victim, the Defendant’s vehicle was covered by the comprehensive automobile insurance, and the Defendant did not have any criminal record exceeding the fine, and other various sentencing conditions specified in the instant records and arguments, including the Defendant’s age, sex, conduct, environment, means and consequence of the crime, and the circumstances after the crime, do not seem to be unfair since the sentence of the lower court is too uneasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.