교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the suspension of education for forty hours) on the gist of the grounds of appeal is unreasonable because it is too unfasible.
2. Determination
A. The crime of this case is a case where the defendant by negligence committed a violation of signal in the children's protection zone and sustained an injury by shocking the victims walking the crosswalk. In light of the fact that the degree of injury is serious and the victim wants the punishment of the defendant, the defendant's responsibility is not weak.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant led to the confession of the crime with no criminal history, and is against the Defendant’s driver’s vehicle, the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance, deposit a total of KRW 3 million for the victims (the first instance court: KRW 1 million, the first instance court: the second instance court: the second instance court: the second instance court); and the health status is not good due to class 6 of the disability.
In addition, considering all of the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
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.