교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, and forty hours of an order to attend a law-abiding lecture) is too uneased and unreasonable;
2. Determination of the facts that the crime of this case is not good, and that the defendant did not agree with the victims until the trial is held, etc. are disadvantageous to the defendant.
On the other hand, it is advantageous to the fact that the defendant reflects his mistake, the degree of injury suffered by the victims is not severe, the defendant's vehicle is covered by a comprehensive insurance and thus the damage such as medical expenses of the victims has been recovered, and the defendant has no special criminal record other than a single fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the 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 as it is without merit. It is so decided as per Disposition.