교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the crime of this case is not found in the victim H (hereinafter referred to as the "victim") who was parked on the left side of the cargo vehicle parked on the two-lane left side of the front bank by negligence without viewing the front bank and the left side of the vehicle, and the defendant's vehicle was shocked with the defendant's vehicle to cause the victim's dystrophal cerebral typosis and damage on the part of the upper bank, and the defendant did not agree with the victim until the trial. In light of the fact that the defendant did not agree with the victim, the punishment (two years of suspended execution in October, and three hundred hours of community service order) sentenced by the court below is deemed to be too uneasy and unfair.
2. Taking into account the circumstances alleged by the judgment prosecutor, the following circumstances are considered: (a) the Defendant’s mistake is against the victim’s fault; (b) the occurrence of the instant traffic accident partially contributed to the victim’s fault; (c) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance; (d) the Defendant deposited KRW 10 million in the lower court for the victim; and (e) the Defendant deposited at the trial; (e) the Defendant’s primary offender who has no criminal power; (e) other Defendant’s character, conduct and environment; (g) the Defendant’s character, conduct and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., and as such, the Prosecutor’s allegation is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.