교통사고처리특례법위반(치사)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, and 240 hours of community service) is too uneasy and unreasonable.
2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.
The punishment as ordered shall be determined by comprehensively taking into account all the circumstances that are favorable to the defendant, such as the fact that the defendant has recognized all of the crimes, the error of the defendant's vehicle insurance, the fact that the defendant's driver's negligence contributed to the occurrence of accidents and the expansion of damage, the fact that the victim G has no record of criminal punishment, the fact that stolen articles are small amount and returned to the victim, etc., and that the result was significantly significant as a result of the death of the victim and the victim G, the defendant committed the above special larceny crime while he was prosecuted for the above 2017 Highest 1305 case, and the fact that the defendant was not agreed with the victim's bereaved family members, and all other circumstances that are disadvantageous to the defendant, such as the defendant's age, sexual behavior, motive for the crime
In light of all the circumstances, the court below seems to have determined an appropriate punishment by taking into account the circumstances favorable to the defendant and the unfavorable circumstances, and the fact that the defendant's driver's vehicle comprehensive insurance policy seems to have been subscribed to a motor vehicle comprehensive insurance policy and the victim G's bereaved family members would have been paid insurance amounting to KRW 89,835,060 (see, e.g., court records), and other circumstances, including the defendant's age, sex and conduct, environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., which are the conditions for the sentencing of this case as indicated in the records, do not seem to be unfair since the court below's punishment against the
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 prosecutor's appeal is without merit. It is so decided as per Disposition.