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, two years of probation, and 120 hours of social service) declared by the court below is too uneasy and unreasonable.
2. The Defendant was punished by a fine for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in 1999, and the victim suffered serious injury in the instant accident that requires 14 weeks medical treatment.
Until the trial, the defendant did not reach an agreement with the injured party.
However, the defendant had no record of criminal punishment for the last ten years, and since the defendant's driver's vehicle is affiliated with the Financial Cooperative of the Korean Passenger Transport Business Association, approximately KRW 85 million including medical expenses was paid to the victim.
In the occurrence of the accident of this case, the victim's unauthorized crossing at night seems to have influenced the degree of the accident of this case.
The defendant is dissatisfing with the mistake of the crime of this case, and has family members who should support the crime of this case.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.