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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The fact that the accused, while driving a vehicle, causes a traffic accident that causes an injured person to injure by violating the signal, causing serious injury to the injured person in need of medical treatment of 12 weeks, etc. is disadvantageous to the accused;
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant’s vehicle is covered by a comprehensive insurance; (c) the Defendant entered into an agreement with the victim; (d) the Defendant did not have any criminal record other than having received a fine of KRW 700,000 due to a charge of causing bodily injury and injury to the Defendant’s business operations in around 1998; (b) there is no special circumstance or change of circumstances to be newly considered in the trial; and (c) other circumstances that are the conditions for sentencing as specified in the instant records and arguments, such as the Defendant’s age, environment, sexual conduct, motive for the commission of the crime; and (d) the circumstances before and after the crime, etc.
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.