교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the imprisonment without prison labor for one year and eight months, the suspension of execution three years, the community service order 120 hours, and the order to attend a compliance driving 40 hours) declared by the court below is too uneasy and unreasonable.
2. The Defendant did not properly see the front door, resulting in the death of the victim, receiving the victim due to negligence.
The bereaved family members of the victim want to severely punish the defendant.
On the other hand, however, the defendant recognized a mistake and reflects it, and there is no previous conviction.
In the case of motor vehicle comprehensive insurance, the injury insurance amount of KRW 71,628,830 and KRW 50,810,010 were paid to the bereaved family members of the victim and KRW 10,000 were deposited for the victim's bereaved family members.
The fault of the victim who illegally crosss a six-lane road at night at the time of the decline is also one cause of the accident.
In addition, considering the Defendant’s age, character and conduct, environment, etc. and various conditions of sentencing indicated in the record, it cannot be deemed that the lower court’s punishment is too light beyond the reasonable limit of discretion.
3. The prosecutor's appeal of conclusion 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.