교통사고처리특례법위반(치상)
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (10 months) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor shows the attitude of recognizing and reflecting the crime in the trial, and the victim, who had a pedestrian signal at the time of the accident, was partially responsible for the occurrence of the instant traffic accident, and the fact that only the victim was subject to juvenile protective disposition due to the instant crime, and that there was no record of criminal punishment, are favorable circumstances.
Meanwhile, due to the instant traffic accident, the victims are expected to suffer serious damage to visual, hearing, and speech function due to the after-accident after the occurrence of the injury, such as the injury caused by the 20-day therapy, which requires medical treatment, and then the victim's family members are suffering from severe damage to visual, hearing, and speech function due to the after-accident after the accident. It is difficult to pay substantial damage due to the Defendant's subscription to liability insurance. The victims' medical expenses incurred up to now were fully paid through the comprehensive insurance purchased by the victim. The victim's family members are borne by the victim's family members, and the nursing expenses are borne by the victim's family members, even though the Defendant contact the victim's family members or did not pay the damage.
In full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, means and consequence, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.
3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.