교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below on the summary of the grounds for appeal (the two-year suspension of the execution of the imprisonment without prison labor for 10 months and the forty-hour suspension of the operation order) is too uneasible and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
In light of the circumstances of the ① accident, the defendant seems to have been aware of the signal system and the accident of this case.
2. In agreement with the injured party, the injured party does not want the punishment of the defendant, but wishes to have the wife.
(3) The defendant is the first offender and is in depth divided.
④ Neither the Defendant nor his neighbors want to be the Defendant’s wife.
1. Unfavorable circumstances: The victim F was injured by the fault of the defendant.
There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted in the first instance court.
In full view of all the sentencing conditions, statutory penalty, etc. including the fact that the Defendant appears to seriously reflect on the peace of the family at one’s own care, and that the judgment of the lower court exceeded the reasonable bounds of its discretion.
shall not be assessed.
Therefore, prosecutor's sentencing and warning cannot be 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.