교통사고처리특례법위반(치사)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for one year of imprisonment, and forty hours of lectures to comply with law) is too uneasible and unfair.
2. The instant crime was committed by the Defendant while driving a drinking alcohol, resulting in the death of the victimized person. The fact that the nature of the instant crime is very serious is that of the Defendant’s disadvantage.
However, considering the fact that the Defendant is a primary offender, the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, the fact that the Defendant agreed smoothly with the bereaved family members of the victim, the Defendant recognized the Defendant’s mistake and reflects his/her fault, and other various circumstances shown in the argument in this case, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is rejected.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.