교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution for eight months of imprisonment without prison labor and forty hours of order to attend a compliance driving lecture) declared by the court below is too unfasible and unfair.
2. The instant crime resulted in the death of a victim who dried the crosswalk while driving the instant vehicle at a low speed, resulting in the death of the victim, which led to an unfavorable consequence, such as the death of the victim, and the Defendant was punished for the same kind of traffic accident.
On the other hand, the fact that the defendant's mistake is properly recognized and reflected, that the defendant made a serious effort to recover from damage by depositing the damage compensation to his bereaved family members, that the bereaved family members of the victim expressed their intention not to punish the defendant by mutual consent with the defendant. The fact that the motor vehicle driven by the defendant is covered by the comprehensive insurance is a favorable situation.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.