교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment without prison labor, two years of suspended execution, two years of observation of protection, community service, 160 hours of time, 40 hours of order to attend a compliance driving lecture) is too uneasy and unreasonable.
2. The circumstances are disadvantageous to the Defendant, such as the occurrence of a serious result that the Defendant caused the instant traffic accident, which led to the death of the victim, the negligence of the Defendant on the occurrence of the accident, the fact that the Defendant did not reach an agreement with the victim’s bereaved family member, etc.
On the other hand, there are favorable circumstances such as the fact that the defendant reflects his mistake, that the defendant was the first offender who had no history of punishment before the instant case, that the vehicle operated by the defendant was covered by the motor vehicle comprehensive insurance, that the insurance company paid insurance money to the victim in the insurance company, that compensation for damage would be secured to some extent, and that the defendant deposited KRW 30 million for the bereaved family members of the victim.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed 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.