교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (unfair sentencing) is that it is unfair that the lower court’s sentence (6 months of imprisonment, 2 years of suspended sentence, 40 hours of probation observation, and 40 hours of order to attend a compliance driving) against the Defendant is too uneasible.
2. The crime of this case is a case in which the defendant caused a traffic accident while in the state of his driving and sustained injury to the victim, and its nature is not good, and is disadvantageous to the defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the Defendant’s sentence against the Defendant is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (Provided, That among the column for application of the law of the court below, it is obvious that the “Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents” under Article 2, 18 of the judgment of the court below is omitted, and therefore, it is obvious that the “Article 3(2) proviso 8” has been added to the “Article 25(1) of the Regulation on Criminal Procedure.”