교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended execution, and forty hours of order to attend a compliance driving) is too uneased and unreasonable.
2. The instant crime was committed by the Defendant due to a traffic accident in a child protection zone, and the result thereof is very significant to the Defendant’s disadvantage.
On the other hand, the fact that the defendant recognizes his mistake and reflects his depth, there is no criminal history beyond the fine of the defendant, the bereaved family members of the victim do not want the punishment of the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the fault of the victim who was trying to cross without permission is also a favorable condition for the defendant.
Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.