교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.
2. The victim’s death was a serious result.
However, at night, the victim was negligent in crossing the 16-lane road from the central separation cost, where the sign of prohibition of unauthorized crossing is attached, at night, without permission, and the victim's negligence had a significant impact on the occurrence of the accident and the expansion of damage.
In addition, the bereaved family members do not want the punishment of the defendant under the agreement with the bereaved family members.
Defendant's vehicles are covered by comprehensive automobile insurance.
There is no criminal record exceeding a fine and there is no record of criminal punishment after 1979.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.
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.