교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (10,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable as it is too unfasible.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the argument process of the instant case, the lower court’s sentencing is too unreasonable because it goes beyond the reasonable scope of discretion.
Therefore, the prosecutor's improper argument of sentencing 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.