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 is an unfavorable circumstance, such as the fact that the victim died and the result was very serious, and that the victim was unable to reach an agreement with his/her bereaved family members.
However, the fact that the defendant recognized the crime of this case, the victim's negligence without permission at night seems to have contributed to the occurrence of the accident of this case and the expansion of damage, the vehicle operated by the defendant is subscribed to the taxi mutual aid association, the payment of mutual aid money is made, and there are no criminal records other than twice fine due to this type of crime.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.