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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (three years of imprisonment, four years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.
2. The instant crime committed by the Defendant, while driving in violation of the signal, did not take relief measures and eventually led to the death of the victim, and eventually, the crime is not considerably good in light of the circumstances, contents, and gravity of the consequence, etc. of the crime.
However, in light of the following: (a) the Defendant appears to have committed the instant crime while recognizing the instant crime; (b) the victim’s bereaved family members agreed to pay KRW 20 million in the course of investigation; (c) the vehicle driven by the Defendant was covered by a comprehensive insurance; (d) the Defendant has no record of being punished for the same kind of crime before the instant case; (c) the Defendant has been aged 76 years old and has no record of health; and (d) there is no circumstance to deem that the execution of imprisonment within the scope of the recommended sentence set by the sentencing guidelines was considerably unfair, and there is no circumstance to deem that the lower court’s sentencing was remarkably unfair, taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, background, method of the instant crime; (b) the circumstances after the crime; and (c) the criminal records, etc., the sentence imposed by
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.