교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.
2. Determination of the instant traffic accident causes the death of the victim and the consequences therefrom, etc. disadvantageous to the Defendant.
However, in light of the following circumstances: (a) the Defendant recognized the instant crime as a whole; (b) there is no past history of criminal punishment prior to the occurrence of the instant traffic accident; (c) the vehicle driven by the Defendant was covered by the comprehensive motor vehicle insurance and agreed smoothly with the bereaved family members separate from the victim’s bereaved family members; and (d) the Defendant actively took relief measures immediately after the instant traffic accident, taking into account the various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, and the occurrence of the instant
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.