교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The sentence of the court below (the two-year suspended execution to one year of imprisonment without prison labor, and the eight-hour community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.
2. The instant crime committed by the Defendant is driving a vehicle.
In light of the fact that the victims caused the death of two victims by occupational negligence, it is necessary to strictly punish the defendants in light of the fact that the crime is not good in light of the background, method and details of the crime, and the result of the accident, etc., as argued by the prosecutor.
However, in full view of all the circumstances, including the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too unreasonable, and thus, the prosecutor's assertion is without merit, since it cannot be deemed that the sentence of the court below is too unreasonable, in light of the following: (a) the victim's bereaved family members do not want punishment against the defendant; (b) the vehicle driven by the defendant was covered by a comprehensive motor vehicle insurance; and (c) the defendant has no record of criminal punishment except for a sentence sentenced once in 202.
3. Therefore, 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.