교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for 10 months, 2 years of suspended execution, and 120 hours of community service order) of the lower court is deemed to be too uneasible and unfair.
2. The crime of this case is deemed to cause the death of the victim by shocking the victim crossing the crosswalk due to negligence that did not properly take the front direction while driving the vehicle while causing serious consequences, and the crime of this case is not weak.
There is no agreement with the bereaved family members up to the trial of the defendant, and there is a need to punish the defendant strictly.
However, the Defendant recognized his mistake in relation to the instant traffic accident, and is in profoundly contradictory to their depth, and there is no other criminal history except for the Defendant’s punishment once sentenced to a fine.
The victim seems to have contributed to the occurrence of the instant traffic accident even when he/she illegally crosses the pedestrian red signal. Since the Maritime Vehicle has purchased a comprehensive insurance policy, the amount of insurance money was paid to the bereaved family members, and the defendant deposited KRW 10 million for the bereaved family members of the victim.
In addition, examining the background of the instant traffic accident, the Defendant’s age, character and conduct, environment, and family relationship, and all the sentencing conditions indicated in the pleadings, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.