특정범죄가중처벌등에관한법률위반(도주치상)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment for eight months, one hundred and twenty hours of community service, and forty hours of lecture of compliance driving) is deemed to be too uneasy and unfair.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.
It does not appear.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.