교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (including six months of imprisonment without prison labor, two years of suspended execution, one hundred and sixty hours of community service, and forty hours of lectures of compliance driving) is too uneasible.
2. Since 2012, the Defendant suffered the instant accident, and the degree of injury suffered by the victim, even though 4 times were charged for the same crime as the instant case (it is subject to a disposition that has no right to institute a prosecution).
The victim did not receive a letter from the injured party, and the victim is punished for the defendant.
On the other hand, the defendant should support his wife, undergraduate students, and two married children, who are high school students, in 2013.
It seems that there is no particular obstacle to the compensation of the damage caused by the victim because the taxi is insured by the taxi mutual aid association.
In addition, at least during the grace period for the execution of imprisonment without prison labor, the defendant has become difficult to take the taxi driving as a profession.
Based on these circumstances, the lower court’s determination on the sentencing is within the reasonable scope of its discretion.
As long as new data on sentencing have not been submitted in the trial, there is no change in sentencing conditions that will be newly considered in the trial.
Therefore, since the court below's sentence imposed on the defendant is too uneasible and it is not recognized that it is unfair, the prosecutor's improper argument of sentencing is not accepted.
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.