교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for not more than four months and one year of suspended execution) that the court below sentenced against the defendant is too uneasible and unfair.
2. The fact that the result of the victim’s death caused by the Defendant’s breach of duty of care is disadvantageous to the Defendant.
However, it appears that the defendant led to the crime of this case, the defendant made efforts to rescue the victim immediately after the accident, the amount of 30 million won is paid to the victim's bereaved family members, the bereaved family members of the victim are dead and attending the funeral ceremony of the victim, etc. (the 51th page of the investigation record), and the first offender who has no criminal power is favorable to the defendant.
In addition to the above circumstances and motive leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, family relation, environment, occupation, etc. and the conditions of sentencing as shown in the arguments and arguments, there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] the mitigated area (under April to October of the safe), the mitigated area (under special mitigation) [the grounds for special mitigation] the mitigated area (under special mitigation) and the criteria for suspended execution [the main reasons for special mitigation] the victim's death: The victim's positive death is not subject to punishment, and there is no record of criminal punishment [general reasons for writing]; positive cases falling under the proviso of Article 3 (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents: In full view of the serious reflection, active relief or escort of the victim, the prosecutor's above assertion of unfair sentencing by the court below cannot be accepted.
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.