교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.
2. A single studio, the occurrence of the instant traffic accident caused by the Defendant’s negligence, and the occurrence of the serious result of the victim’s death, and the occurrence of the same penal power twice (a fine of KRW 1 million in August 2012, 201) are disadvantageous circumstances.
On the other hand, the fact that the defendant confessions the facts of the crime and reflects the fact of the crime, that there is negligence to some extent for the victim who suffered the traffic accident in this case while crossing the road without permission, that the harming vehicle has purchased the automobile insurance, and the bereaved family has separately paid 30 million won as part of the damage compensation under the law, and the bereaved family does not want the punishment against the defendant.
The lower court, including the aforementioned circumstances, determined a punishment by fully considering the circumstances surrounding the sentencing of the Defendant, and deemed that it is within a reasonable scope, and there is no circumstance to newly consider in the trial. Therefore, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.