교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the summary of the grounds of appeal (the court below's sentencing of 2 years of suspended execution in October, the community service order of 160 hours, and the order to attend a law enforcement lecture of 40 hours) is too uneasible and unreasonable.
2. Considering the fact that the victim died due to the instant crime committed by the Defendant and the bereaved family members did not agree with the victim, strict punishment against the Defendant is necessary.
However, in light of the following facts: (a) Defendant driving of the instant case was covered by the liability insurance policy; (b) the victim’s bereaved family members were paid insurance money to KRW 765 million; (c) the fault of the victim crossinging the crosswalk even though the pedestrian signal was suspended is the cause of the occurrence of the instant traffic accident and the expansion of damage; (d) there is no record of criminal punishment against the Defendant; and (e) other sentencing situations as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence after the crime, and the circumstances after the crime, etc., the lower court’s sentencing is too unjustifiable and unreasonable.
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. It is so decided as per Disposition.