교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment without prison labor and two years of suspended execution) is too unhued and unreasonable.
2. The judgment of the court below allowed the victim of a traffic accident to die on an expressway, but at the time, the victim did not properly control the preceding accident while driving a motor vehicle on an expressway but stopped on an expressway over the three and four-lanes and left the expressway. The victim's negligence seems to be significant; the vehicle operated by the defendant was covered by a comprehensive insurance policy; the defendant recognized the defendant's mistake and reflect in depth; the defendant was the primary offender; the defendant was the primary offender; and all kinds of sentencing sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime, etc., are considered, even if considering the circumstances that the victim was unable to reach an agreement with his/her bereaved family, the sentence of the court below is not deemed unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
(However, since Article 248 of the Criminal Code is clear that the term "Article 268 of the Criminal Code" as stated in the application column of the law of the court below is a clerical error under Article 268 of the Criminal Code, it shall be corrected to "Article 268 of the Criminal Code"