교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (five million won of a fine) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the fact that the degree of injury is very serious, the fact that there is no agreement with the victim, the fact that the mistake is divided and reflected, the fact that it is not a serious fault under the Act on Special Cases Concerning the Settlement of Traffic Accidents, the fact that some damage is likely to be compensated by liability insurance, and the first offender.
B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.