교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution for one year of imprisonment without prison labor, and 80 hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.
2. Determination of the instant traffic accident results in the death of the victim, and the result thereof is very serious, etc. disadvantageous to the victim.
However, the defendant recognized the crime of this case and is in depth against the defendant, the primary offender, and the victim's negligence has contributed to the occurrence of the traffic accident of this case and the expansion of damage.
The fact that the defendant appears in the court below that he deposited a total of KRW 10 million for the bereaved family members of the victim, and the fact that the vehicle in this case is subscribed to the automobile maintenance liability insurance, etc. is favorable.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.