교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (including six months of imprisonment without prison labor, two years of suspended execution, and eight hours of community service order) is too unhued and unreasonable.
2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing conditions as shown in the arguments of this case are considered. The defendant acknowledged his mistake and reflects it, the victim's damage was recovered to a certain extent due to comprehensive insurance to which the defendant joined, the defendant has no power to impose punishment exceeding the same kind of power or fine, and the defendant has no special change in the sentencing conditions in the trial compared with the court below, the court below's punishment is too unjustifiable, and 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 ground that it is without merit. It is so decided as per Disposition.