교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and eight hours of community service order) is too unhued and unreasonable.
2. The occurrence of a serious result leading to the death of the victim of the instant accident caused by the Defendant. Nevertheless, the fact that the victim did not agree with the victim is disadvantageous to the Defendant.
However, the defendant is the first offender who has recognized his mistake, violated his depth, and has no record of crime.
In the instant accident, the victim's negligence seems to be considerable, and the victim's bereaved families are likely to receive a certain amount of compensation from the mutual aid association to which the defendant joined.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s 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.