교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment without prison labor and two years of suspended execution) of the lower court is deemed to be too unfluent and unfair.
2. The crime of this case, which caused a traffic accident by negligence while driving a motor vehicle by neglecting the duty of prior watch, resulting in the death of the victim, and the result is very significant, is disadvantageous to the defendant.
On the other hand, the fact that the defendant's mistake is against the defendant, there is no history of punishment for a considerable period of time, and the vehicle of the defendant's driver is insured by the National Federation of Bus Transport Business Associations.
Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible 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.