교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for eight months of imprisonment without prison labor, and one hundred and sixty hours of community service order) is too unhued and unreasonable.
2. The judgment of the court below is a favorable situation where the defendant was negligent in neglecting his duty of care in front of passing through the intersection while driving a cargo vehicle, resulting in the occurrence of the accident in this case caused the death of the victim, and the victim's bereaved family members did not agree with the bereaved family members up to now, and the victim's bereaved family members want to take severe punishment against the defendant. However, the defendant's mistake and reflects the defendant, while there is considerable negligence in recognizing the defendant's mistake and expanding the damage of the accident in this case, the defendant deposited 3 million won for the victim's bereaved family members at the trial, and the defendant's vehicle was subscribed to the comprehensive motor vehicle insurance, and there is no history of criminal punishment except for the defendant's punishment of a fine once due to the violation of the Road Traffic Act. Considering all the various sentencing conditions shown in the argument of this case, the 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.