교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (ten months of imprisonment without prison labor, two years of suspended execution, two years of probation, two years of social service, 120 hours of social service) is too uneasy and unreasonable.
2. Determination
A. The instant case requires strict punishment for the Defendant in light of the following: (a) the Defendant’s occupational negligence in the course of driving a cargo vehicle without properly examining the front left of the vehicle and caused the death of the victim; and (b) the nature of the relevant crime is not weak; and (c) it is not agreed with the bereaved family members of the victim.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have any particular criminal record, led to the confession of the crime, and repents of the mistake, the Defendant’s vehicle is covered by the comprehensive automobile insurance, and deposit KRW 20 million for the victim’s bereaved family members.
C. In light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, family relationship, living environment, details and motive of the crime, and circumstances after the crime, the lower court’s sentence is adequate.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.