도로교통법위반(사고후미조치)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (ten months of imprisonment, three years of suspended execution, observation of protection, and forty hours of instruction of compliance driving) on the gist of the grounds of appeal is deemed to be too uneasible and unreasonable.
2. The judgment that the defendant had the same record and that the defendant committed the instant crime during the suspended execution period for the same kind of crime is disadvantageous to the defendant.
On the other hand, the following conditions are favorable.
The defendant reflects his fault.
The degree of damage is relatively minor.
The injured person does not want to be punished by the defendant by compensating for damages and by the smooth agreement with the injured person.
The defendant is currently in a state of health due to a disease.
In addition, in full view of the circumstances after the crime was committed, the defendant's age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, the prosecutor's assertion is without merit, since the court below's punishment is too uneasible and inappropriate.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.