교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The sentence of the lower court (ten months of imprisonment without prison labor and two years of suspended execution) is deemed to be too unhued and unfair.
2. In light of the circumstances such as the fact that the Defendant denied the first signal violation, and only reported CCTV screen images, the Defendant’s negligence in violation of the signal is not less severe, and the result of the death of the victim by the act of the Defendant is very serious, it is not necessary to punish the Defendant strictly.
However, the court below's sentence against the defendant is unreasonable in light of all the sentencing conditions in the records of this case, such as the background leading to the crime of this case, the defendant's age, character and conduct, method of committing the crime, and circumstances after committing the crime, etc., taking into account the following factors: (a) there has been no criminal history for the last ten years; (b) there has been no criminal history for the defendant; (c) the vehicle driven by the defendant was covered by a comprehensive insurance; (d) the defendant deposited 14 million won for the victim's bereaved family members; and (e) the bereaved family members were unable to punish the defendant; and (e) the defendant expressed in the records of this case.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.