교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment without prison labor, two years of suspended execution, and 120 hours of social service) declared by the court below is too unfasible and unreasonable.
2. Although the victim's death and the occurrence of the result of the traffic accident in this case is serious, the negligence of the victim who crossed the victim's own unauthorized road at night in the five-lane road where the central bus exclusive lane is installed as well as the negligence of the victim seems to have been significantly contributed to the occurrence of the traffic accident in this case. The defendant's vehicle is a member of the mutual aid association, and other circumstances, such as the background, means and method of the crime in this case, the circumstances after the crime, the age and happiness environment of the defendant, etc., and the sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments, are too uneasable.
3. In conclusion, the prosecutor's appeal of this case 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.