교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (the imprisonment without prison labor for eight months and the suspension of the execution of two years, the community service order80 hours, and the order to attend a compliance driving 40 hours) against the Defendant on the summary of the prosecutor’s grounds of appeal is too uneasible and unreasonable.
2. The crime of this case by the Defendant, while driving the off-to-land, was committed by the Defendant, by shocking the damaged person, resulting in the Defendant’s injury of the flabing flag, which requires approximately 14 weeks of treatment. In light of the content of the crime, the Defendant’s liability for the crime is grave, and the degree of injury to the victim is very serious, and thus, is deemed disadvantageous to the Defendant.
However, it is reasonable to respect the determination of sentencing in our criminal litigation law, where there is no change in the conditions of sentencing compared to the first instance court and the first instance court did not change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances unfavorable to the above recognized defendant do not fall under changes in circumstances that could change in circumstances that could change the sentence of the lower court since the judgment of the lower court after the lower court was sentenced to the liability insurance, the defendant was first and has yet to be charged with the liability insurance, the father of the defendant wanting to dismiss the defendant's wife against the defendant, etc.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.