교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended sentence, eight hours of community service order, 40 hours of order to attend a law-abiding driving lecture) against the accused is too uneasy and unreasonable.
2. In light of the circumstance, method, and consequence, etc. of the instant crime committed by the victim while disregarding the stop signal at the crosswalk on which the judgment signal, etc. is installed, and shocking the victim by driving the stoba, and resulting in the victim’s serious injury, the circumstances unfavorable to the Defendant are that the crime of this case is considerably not good.
However, in full view of the following factors: (a) the Defendant led to the confession of a crime with no criminal history; (b) the Defendant’s operation of the Defendant was covered by an insurance policy with limited personal compensation; (c) the Defendant was a juvenile at the time of the instant crime; (d) the Defendant agreed with the victim; and (e) other factors of sentencing as indicated in the instant case, the lower court’s punishment cannot be deemed unreasonable as it is excessively unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.