교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.
2. The degree of violation of the duty of care of the Defendant is considerable, and the occurrence of the occurrence of the instant traffic accident by negligence is disadvantageous to the victim.
On the other hand, there are more favorable circumstances such as the fact that the defendant confessions the facts of the crime and reflects the fact of the crime, that the damaged vehicle is subscribed to the automobile insurance, that the victim's bereaved family members have agreed to pay 50 million won as part of the legal damages (property damages) and agreed to pay 50 million won on the side of the victim's bereaved family, that the primary offender is the first offender, and that there seems to be a certain degree of
The lower court, including the aforementioned circumstances, determined a punishment by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and considering the fact that it appears within a reasonable scope, and in addition, the lower court’s punishment is not deemed to be unfair because it is too uneasible to the Defendant’s punishment, considering that the amount of KRW 431 million was paid to the bereaved family through an insurance company to the victim’s bereaved family through the insurance company.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.