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 six months of imprisonment without prison labor, 80 hours of community service order, and 40 hours of lecture to comply with law) is too uneasy and unreasonable.
2. The occurrence of the serious result of the death of the victim due to the instant accident caused by the Defendant, and the fact that the Defendant was unable to reach an agreement with the bereaved family of the victim is disadvantageous to the Defendant.
However, in light of the following: (a) the negligence of the victim who was unauthorized at night in the instant accident was considerably involved; (b) the Defendant’s vehicle appears to have been insured by the Financial Cooperative; and (c) the Defendant did not have the same criminal record; and (d) other various sentencing conditions as indicated in the instant argument, such as the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior; and (c) the Defendant’s sexual behavior; and (d) the Defendant’s argument that
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.