교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment without prison labor) is too unfluent and unfair.
2. The degree of injury suffered by the victim is serious due to the accident in this case;
The fact that the defendant can look at only liability insurance, and that the defendant did not properly recover from damage is disadvantageous to the defendant.
On the other hand, the accident of this case is a favorable circumstance to the defendant that the defendant started from the main line with the main line and caused the damage to the victim who was unauthorized to cross the road six-lanes without permission, and that the defendant has no record of punishment due to the same type of crime and there is no record of punishment exceeding the fine even in the case of the crime of this type of crime.
In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is not deemed to be too uneasible and unfair.
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.