교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (two years of suspended execution for six months of imprisonment without prison labor, and one hundred and twenty hours of community service order) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below imposed a punishment in consideration of various reasons for sentencing, such as the fact that the defendant's negligence is serious and the degree of the victim's injury is very serious, that is not agreed with the victim, that the mistake is pened and reflected, that is covered by a comprehensive insurance, that there is no record of criminal punishment in addition to the punishment of a fine of KRW 3 million due to drinking driving in 2018, and that there are some circumstances that can be taken into account in the course of the crime.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal 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.
(However, it is clear that the “road” in the second page No. 3 of the judgment of the court below is a clerical error in the “road”, and thus, it shall be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure).