교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five months of imprisonment without prison labor, two years of suspended execution, 80 hours of community service, and 40 hours of instruction to observe the law) is too uneased and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The defendant's failure to take part in the accident of this case caused the accident of this case while overtaking the horse of the victim prior to the one-lane road.
The degree of injury suffered by elderly victims in the instant accident is serious.
Circumstances favorable to the defendant shall be as follows:
The defendant is deeply divided into and reflected in the crime of this case.
The vehicles operated by the defendant are covered by comprehensive insurance, and the victim was paid 16,000,000 won insurance money from the insurance company.
The defendant deposited 2,00,000 won as damages for the victim in the trial of the party, and agreed with the victim.
The victim seems to have been driving the horse under the influence of drinking.
After the defendant has no criminal record of imprisonment with prison labor and has been sentenced to a fine due to the driving of light drinking in 2003, there is no criminal record.
There is a situation in which the defendant is economically difficult and should support his family.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.