교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. The judgment that the defendant caused the instant traffic accident resulting in the death of the victim due to occupational negligence, such as the statement in the decision of the court below, is disadvantageous to the defendant.
On the other hand, the fact that the defendant repents and reflects his mistake, that the defendant has no particular history of punishment, that the defendant's vehicle is covered by the automobile comprehensive insurance, and that there are circumstances that can be considered in the background of the occurrence of the accident of this case is favorable to the defendant.
In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is too uneasible.
Therefore, the prosecutor's above assertion is without merit.
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.