교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) of the lower court is deemed to be too uneasible and unfair;
2. The fact that the instant traffic accident caused by the Defendant, which caused the death of the victim, is an unfavorable circumstance to the Defendant.
On the other hand, the following conditions are favorable.
The defendant is seriously opposed to the crime.
It is proceeding on the right side of the road at the time of the accident.
There is also a responsibility for the occurrence of an accident to the victim who tried to turn to the left over the center line of the yellow-deline after moving to the center of the road of the party concerned.
The bereaved family does not want to punish the defendant by mutual consent between the bereaved family members and the bereaved family members.
Vehicles operated by the defendant are covered by a comprehensive motor vehicle insurance.
The Defendant is an initial offender who had no record of criminal punishment prior to the instant case.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the 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 as it is without merit. It is so decided as per Disposition.