교통사고처리특례법위반
The appeal by the prosecutor is dismissed.
The summary of the grounds for appeal (unfair form of punishment) of the court below (one year and six months of imprisonment without prison labor, three years of suspended execution, social service, 80 hours of compliance driving, 40 hours of compliance driving) is too uneased and unfair.
Judgment
The crime of this case was committed by occupational negligence that the defendant did not properly drive a car while driving the car, resulting in the death of the 7-year old-old victim who was going to walk on the kboard and cross the road with the front wheels. Considering weather conditions and the situation of street lights at the time, it is not difficult for the defendant to secure the view of the defendant. In that the defendant's negligence was considerably significant in that the accident occurred near the accident place, the victim's life was suffered an unreparable pain to the bereaved family of this case, and the bereaved family did not agree with the bereaved family of this case, and the bereaved family of this case wanted a severe punishment against the defendant.
However, it is reasonable to take into account the following circumstances: (a) the Defendant’s mistake in the instant traffic accident is against his depth; (b) the liability insurance subscribed to a harming vehicle was paid KRW 100 million to the bereaved family members; (c) deposited KRW 10 million for the bereaved family members up to the trial; and (d) the primary offender without any criminal power.
In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from August to June of the Treasury, and the sentence of suspended execution and sentence is possible both, the traffic crime group, the second type (traffic accident death), the special form of person, the decision-making (basic area), the scope of the recommended sentence ( August to June), the scope of the recommended sentence (basic area), the suspension of execution/actual sentence ( August to June), the Defendant’s age, character and behavior, environment, the circumstances before and after the instant crime, etc., are considered to be too unjustifiable enough to reverse the sentence of the court below.
In conclusion, the prosecutor's appeal is without merit.