교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The instant accident is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant’s negligence on the part of the Defendant who neglected to take care of the front direction; (b) the Defendant’s negligence is significant; and (c) the victim’s injury is considerably heavy and continuous medical treatment is deemed necessary as eight weeks in need of the injury.
However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflects on the facts of the offense; (b) the victim does not want the punishment against the Defendant; (c) the victim does not have any criminal record against the Defendant; and (d) the Defendant does not have any criminal record; and (e) other circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the Defendant’s age, environment, sex behavior, motive for the commission of the offense; and (e) the circumstances before
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.