교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. The Defendant’s occurrence of the instant traffic accident in violation of the signal, and the Defendant’s occurrence of the victim’s serious injury is disadvantageous to the Defendant.
On the other hand, the following conditions are favorable.
The defendant is in depth against the crime of this case.
The vehicle driven by the defendant has been covered by a comprehensive motor vehicle insurance and has been recovered to some extent.
In the court below, the defendant deposited one million won for the victim.
It is an initial crime that has no record of punishment.
In addition, comprehensively taking account of the circumstances after committing the crime, the Defendant’s age, sexual conduct, environment, etc. and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.