교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and six months of imprisonment without prison labor, three years of suspended execution, and forty hours of compliance driving) that the court below rendered is too unfasible and unfair.
2. The judgment is a small value that cannot be altered what is the life of a person.
Although the defendant caused a traffic accident by negligence while driving the vehicle, as long as the victim dies, there is a need for strict liability for the defendant's negligence and the result.
The accident vehicle is only covered by liability insurance, but is not covered by comprehensive insurance.
However, the defendant recognized the crime of this case and reflects his mistake, and the defendant has no specific punishment power since 1998.
When the defendant was in a trial, the defendant agreed with the bereaved family members of the victim.
In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, records of crimes, motive and circumstance after crimes, etc. as revealed in the arguments of the lower court and the lower court, the sentence imposed by the lower court is given within the reasonable scope of discretion, and is not easy.
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.