교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. Determination
A. In light of the fact that there exists an area unique to the first deliberation regarding sentencing determination in our criminal litigation law that takes the principle of court-oriented trials and the principle of directness, and the fact that there is an ex post facto in-depth nature of the appellate court, etc., it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance judgment, and where the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) In the instant criminal litigation law, there was a serious consequence of the death of a person due to the instant traffic accident, and the fact that the responsibility of
However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized the crime of this case and reflects the depth thereof, the victim's family members are also at fault in relation to the occurrence of the traffic accident of this case, the victim's bereaved family members do not want punishment against the defendant, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the vehicle driving of the defendant is a primary offender with no record of criminal punishment, the economic situation is not good, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, means and result of the crime, etc., are considered as being too uneasy and unfair.
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.