교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable since the imprisonment without prison labor for four months declared by the court below and the imprisonment with prison labor for one year of suspended execution, which is too unhued.
2. The crime of this case is acknowledged as follows: (a) the Defendant received a victim who dried the crosswalk and inflicted an injury upon him for about 15 weeks in need of medical treatment; (b) the case is not less complicated in light of the degree of breach of duty of care and the degree of damage; and (c) the Defendant failed to agree with the victim so that he might be subject to the judgment; and (d) the victim complained of a strict punishment against the Defendant at the lower court.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) there is no history of criminal punishment except twice a fine; (c) there is no history of criminal punishment after 2002; (d) the Defendant’s driver’s vehicle is covered by a comprehensive insurance policy; and (e) it appears that medical expenses can be paid out of insurance money; (b) the lower court deposited KRW 10 million for the victim after the victim’s appeal; and (c) the Defendant’s age, environment, occupation, family relationship, and circumstances leading to the instant crime; and (d) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances before and after the instant crime, the lower court’s sentence cannot be deemed unfair.
Therefore, prosecutor's assertion is without merit.
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.