특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended sentence for two years and six months of imprisonment, one hundred and twenty hours of community service order, and forty hours of order to attend a law-abiding driving lecture) is too uneasy and unreasonable.
2. The judgment of the court below did not take any relief measures but led to the death of the victim, which is disadvantageous circumstances, such as the nature of the crime and the criminal situation, and the fact that there was three times of punishment due to the same kind of driverless driving without permission, etc., but on the other hand, the defendant reflects his/her wrongness, while the defendant consented with the bereaved family of the victim, his/her bereaved family does not want the defendant's punishment, and the negligence of the victim who illegally crossed the road at night constitutes the cause of the instant accident, the fact that there was no history of punishment exceeding a fine, and other various sentencing conditions as shown in the argument of this case, such as the circumstance of the instant crime, circumstances after the crime, the defendant's age, character and behavior, and environment, it is not recognized that the court below's punishment is too unjustifiable and unreasonable. Thus, the prosecutor's aforementioned assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.