교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment without prison labor and two years of suspended execution) is too unhued and unreasonable.
2. The crime of this case committed by the Defendant by negligence, which caused the death of a person who is walking by neglecting his/her duty of care at the intersection, and thereby causing the death of such person, is disadvantageous to that of the crime.
On the other hand, it is advantageous to the fact that the defendant confessions the crime of this case, the victim's bereaved family members are paid KRW 35 million and agreed, there is no record of criminal punishment, and the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance.
In addition, comprehensively taking account of the motive and background of the instant crime, means and methods, circumstances before and after the instant crime, the Defendant’s age, sex, career, environment, etc. as shown in the pleadings of the instant case, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee (hereinafter the imprisonment without prison labor from April to October), etc., the lower court’s punishment cannot be deemed as being too uneasible and unfair.
The prosecutor's above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.