교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. In light of the fact that the Defendant, who was punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, such as this case, committed a traffic accident by neglecting his/her duty of care while driving another time, resulting in the death of the victim, the lower court’s punishment (5 million won of a fine) is too uneased and unjust.
2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below, and there are no criminal records exceeding the fine, and there are no circumstances in which the traffic accident in this case occurred, and the victim's bereaved family members are not subject to punishment against the defendant. In light of the above, the court below's sentencing determination is too unfilled and it cannot be recognized that the defendant exceeded the reasonable scope of discretion.
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.