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The part against Defendant A in the judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment without prison labor for one year.
Defendant of the Prosecutor.
Reasons
1. The summary of the grounds for appeal (for defendant A: 8 months of imprisonment without prison labor; and for defendant B, one year of suspended sentence in four months) declared by the court below is too unhued and unfair.
2. Determination
A. In full view of all the circumstances, including the Defendant’s age, character and conduct, family relation, environment, occupation, and occupation, circumstances leading to the instant crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the instant accident is serious since the Defendant’s negligence occurred in the crosswalk, which led to the occurrence of the result that the victim’s death, and the agreement with the victim was not reached, and the damage recovery is not easy because the instant accident was not covered by the insurance, and other circumstances, such as the Defendant’s age, character and conduct, family relation, occupation, and circumstance leading to the instant crime, and circumstances after the crime, etc., the Prosecutor’s allegation in this part is reasonable.
B. Although there are circumstances such as the fact that the instant vehicle involved in the instant accident, which did not have been covered by the insurance, appears not to be easy to recover damage on the part of the victim, the instant traffic accident itself cannot be deemed to be caused by the negligence of the defendant, the Defendant led to a confession and reflect on the instant crime, the Defendant did not have any history of having received any specific criminal disposition other than twice a fine, and other circumstances, including the Defendant’s age, character, conduct, family relation, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the commission of the crime, etc., in full view of the following: (a) the lower court’s sentence imposed by the lower court cannot be deemed to be unfair because the sentence is too unreasonable; and (b) the Prosecutor’s allegation in this part of
3. In conclusion, the prosecutor's appeal against the defendant B is without merit, and thus, it is in accordance with Article 364 (4) of the Criminal Procedure Act.