교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the order to attend a compliance driving lecture for 40 hours) is too uneasible and unfair.
2. Determination
A. According to our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists an area unique to the first deliberation on sentencing in light of the fact that there is an area unique to the sentencing determination, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (B) It is recognized that the Defendant caused the instant traffic accident by negligence in the intersection where the internship is prohibited while driving a taxi, and accordingly, the Defendant was sentenced to a fine of 50,000 won due to a traffic-related criminal record (driving of alcohol) and a traffic-related criminal record (the Defendant is sentenced to a fine of 500,000 won due to a traffic-related crime).
However, the above circumstances were already launched during the oral argument of the lower court, and there is no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized the error of the lower court and reflects depth, agreed with the bereaved family members of the victim, the Defendant’s vehicle was covered by the automobile comprehensive insurance (mutual aid insurance), the Defendant did not have any criminal record other than the aforementioned criminal record, and the Defendant’s age, sex behavior, environment, means and consequence of the crime, and other various sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, do not seem to be unfair since the sentence of the lower court is too uneasible.
Therefore, prosecutor's assertion is not accepted.
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.