교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) declared by the court below is deemed to be too uneasy and unfair.
2. The Defendant made a false statement to the effect that D was driven by D at the time of the accident after the Defendant caused a traffic accident to be covered by insurance. The nature of the crime is heavy.
The defendant did not agree with the victim, even though the victim suffered an injury that requires about 10 weeks of medical treatment, up to the trial.
However, the defendant has no record of criminal punishment except once sentenced to a fine due to fraud, and recognizes and reflects the mistake of each of the crimes of this case.
The victim seems to have received compensation within the scope of liability insurance, and the defendant has deposited a considerable amount of money for the victim in the first instance, and support the wife and her two children.
In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.