교통사고처리특례법위반(치사)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (eight months of imprisonment without prison labor and two years of suspended execution) against the Defendant on the summary of the prosecutor’s grounds of appeal is deemed to be too untile and unfair.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court as the submission of new materials for sentencing in the trial, and there is no change in the conditions of sentencing compared with the lower court, and the sentencing revealed during the pleadings of the instant case is too unafford so far as the scope of discretion exceeds the reasonable scope of discretion, and thus, it cannot be deemed unfair.
The prosecutor's improper argument in sentencing is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.