Judgment

The defendant's average speed of 59 km, while driving a handphone, did not properly look at the front of the 79-year-old victim who walked on the crosswalk and did not cause an injury to the victim of the 79-year-old age who walked on the crosswalk, and caused approximately 6-day medical treatment (Evidence No. 35, 40, 57-59 of evidence record). The defendant was punished by a fine of 4 million won for the same crime in 2009.

However, in full view of the following: (a) the Defendant reflects his mistake; (b) the Defendant paid 5 million won to the victim at the lower court and agreed with the victim; (c) the victim wanted to have the Defendant’s wife (the trial record page 24-32); (d) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance (Evidence No. 21 of the evidence record); and (e) other all the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex behavior, environment, and circumstances after the crime, the lower court’s punishment cannot be deemed unfair, as it is too una

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.