교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.
2. The judgment of the defendant has a record of being punished twice for the same crime, the victim of the traffic accident of this case has reached three persons, not agreed with the victims, and the fact that the defendant escaped during the judgment of the court below is disadvantageous to the defendant.
On the other hand, the following conditions are favorable.
The defendant is in depth against the crime of this case.
The degree of injury of victims is not severe.
As the vehicles of the defendant are covered by comprehensive insurance, victims seems to be able to recover from damage.
There is no record that the defendant has been punished beyond a fine.
The health status of defendants is not good.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.