교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (five months of imprisonment without prison labor, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.
2. However, in light of all the sentencing conditions indicated in the records of this case such as the degree of negligence of the defendant and the victim, degree of negligence, age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below against the defendant cannot be deemed to be too unreasonable, in light of all the sentencing conditions indicated in the records of this case, in light of the following: (a) the defendant appears to reflect the crime of this case; (b) the vehicle driven by the defendant is insured by the mutual aid association; (c) the defendant was deposited in the court for the victim; and (d) the defendant has no criminal record other than once every 40 years prior to the fine; and (e) the degree of negligence of the defendant and the victim; (d) the defendant's age, character and conduct, environment, motive and consequence of the crime; and (e) the circumstances after the crime.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.