교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment without prison labor, two years of suspended execution, 120 hours of community service, 40 hours of compliance driving, 40 hours of course) is deemed to be too uneasy and unfair.
2. The fact that the instant traffic accident occurred due to the Defendant’s centralized crime, the fact that one person dies due to the instant traffic accident, and that two persons are unable to take care of due to an injury, is disadvantageous to the Defendant.
On the other hand, the following conditions are favorable.
The defendant is in depth against the crime of this case.
It seems that the defendant's negligence intrudes the central line, and there is no intention to actively commit the central line.
In the court below's decision, the bereaved family members of the victim who died, the victims of the injury, and the victims were agreed smoothly.
There is no record that the defendant has been punished beyond a fine.
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., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible 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.