교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The lower court’s sentencing (two years of suspended execution of imprisonment without prison labor for one year, two hundred hours of community service order, and forty hours of lecture for compliance driving) based on the summary of the grounds for appeal is deemed unreasonable because it is too uneasible.
2. The traffic accident caused by the judgment by the Defendant led to a serious consequence of the death of the victim aged nine years old.
However, in light of the circumstances of traffic accidents, it was not easy for the defendant to avoid accidents.
Defendant
The driver's vehicles are covered by comprehensive insurance.
Although the Defendant did not agree with the bereaved family members, the Defendant continued to endeavor to reach an agreement.
The Defendant deposited KRW 30 million for the bereaved family members of the victim prior to the pronouncement of the lower judgment, and deposited KRW 20 million in the first instance court.
The defendant is seriously against his own wrong and has no record of criminal punishment.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, the sentencing of the lower court is not unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.