교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.
2. The instant crime committed by the Defendant, while driving a bus, resulting in the death of a victim crossing the road by negligence while neglecting the duty of care at the front of the bus, and resulting in the death of the victim.
On the other hand, the fact that the defendant reflects his mistake in depth, that there is no history of punishment exceeding the fine imposed on the defendant, that the bereaved family members of the victim do not want the punishment of the defendant under the agreement with the defendant, that the vehicle of the defendant was insured by the mutual aid association, that the victim's negligence of crossing the 5th line road without permission at night is not small.
Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.
Therefore, the prosecutor's above 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.