교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (4 months of imprisonment without prison labor, 1 year of suspended execution) of the lower court is deemed to be too unfluent and unfair.
2. On the other hand, the accident of this case caused a serious result of the victim’s death.
However, the defendant is against the charge, and the victim's negligence has been partially contributed to the occurrence of the accident in this case, and the defendant does not want the punishment of the defendant by mutual consent with the bereaved family members.
In addition, vehicles operated by the defendant are covered by a comprehensive insurance, and the defendant has no special criminal punishment.
In addition, comprehensively taking account of the following circumstances, the Defendant’s age, sex, environment, background leading to the commission of the crime, and circumstances after the commission of the crime, etc., the lower court’s sentence is unobcied and deemed unfair.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.