교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, community service work 120 hours, and the participation in compliance driving 40 hours) is too uncomfortable and unfair.
2. The fact that the judgment defendant committed the instant crime again despite the fact that he/she had been subject to criminal punishment several times for the same crime, and that he/she did not agree with the victim’s bereaved family members is disadvantageous.
On the other hand, the fact that the defendant recognizes and reflects his mistake, and the crime of this case occurred while the injured party crosses the crosswalk on the road at the eight-lane road in the middle of the night, which seems to be due to considerable negligence in the occurrence of the accident even to the injured party.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.