교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the summary of the grounds of appeal (the court below's sentencing of 2 years of suspended execution in June, the community service order of 80 hours, and the lecture order of compliance driving of 40 hours) is too uneasible and unfair.
2. Considering the fact that the Defendant committed the instant crime results in serious injury to the victim, that the Defendant was punished twice by a fine for the same kind of crime, and that the Defendant did not agree with the victim, strict punishment against the Defendant is necessary.
However, in full view of the fact that the instant vehicle used by Defendant driving was admitted to the mutual aid association and the victim was paid KRW 6,390,830 for the purpose of treatment expenses, and other sentencing circumstances that are shown in the records and arguments, such as Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s sentencing is too unjustifiable and unreasonable.
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. It is so decided as per Disposition.