교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unhued and unreasonable.
2. The degree of injury inflicted on the victim due to the instant accident is relatively heavy.
However, the defendant recognized the crime of this case.
In the first instance, the victim was paid KRW 10 million under the name of criminal agreement and agreed to be limited to the victim.
At the time of the instant case, the victim, after the completion of the pedestrian signal of the crosswalk, crossed the five-lane road from which the passage of the vehicle began, by changing the vehicle to the road traffic signal, without permission. Such negligence of the victim seems to have caused the instant accident and the expansion of damage.
The Defendant is an initial offender who has no criminal history.
In addition, in full view of the factors revealed in the proceedings of the instant case, the sentence imposed by the lower court on the Defendant cannot be deemed to be inappropriate because it is deemed appropriate and too unfortunate.
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.