교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a punishment of August, 2 years of suspended execution, 40 hours of community service, and 40 hours of compliance driving) is too uneasy and unreasonable.
2. The crime of this case is an unfavorable circumstance that the Defendant, while driving along the road along the center line, sustained an injury to the victim due to serious gross negligence of the injured party, and the method and result of the crime are bad in terms of the method and consequence of the crime.
However, considering the fact that the defendant recognized the crime of this case and reflected against the defendant, the vehicle of the defendant was covered by a comprehensive motor vehicle insurance, and the defendant's vehicle at the time of the crime of this case was covered by the central line in order to overtake the parked vehicle on the right side of the vehicle that was stopped and parked in the middle line, and there are some parts to be taken into account in the circumstances of the crime, and considering the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime of this case, the punishment of the court below is too unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.