교통사고처리특례법위반(치사)
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (10 months without prison labor) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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 no new data on sentencing are submitted in the trial, and there is no change in the sentencing conditions compared with the lower court’s given that the sentencing of the lower court was too heavy or unhued and exceeded the reasonable scope of discretion, in full view of the factors revealed in the argument process of the instant case.
It does not appear.
The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Special Cases Concerning the Settlement of Traffic Accidents, Article 3 of the Decree on Special Cases Concerning the Settlement of Traffic Accidents, which provides that “Article 3(1) of the Decree on Special Cases Concerning the