The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for eight months of imprisonment without prison labor, 80 hours of community service, and 40 hours of law-abiding lecture) is too unfluent and unfair.

The defendant's judgment on the grounds of appeal is an unfavorable sentencing factor, such as the fact that the nature of the crime of this case is not less than that of the crime of this case, the victim's family members did not completely recover from damage even though the victim's family members bear considerable expenses of hospital expenses due to the crime of this case, and the victim's family members want to take strict punishment against the defendant continuously.

However, the fact that the defendant reflects his mistake, the traffic accident in this case is the shocking of the victim who was crossing without permission, and the negligence of the victim seems to have been significantly contributed to the occurrence of the accident in this case, the defendant deposited more than five million won in the appellate court in addition to deposit by the court below for the victim, and the fact that the defendant is the first offender who has been aged and has no previous record is the favorable sentencing factor.

In addition, considering the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as well as the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (the basic area of the type 2 of general traffic accident: imprisonment without prison labor for up to 4 months to 10 months), etc. comprehensively, the lower court’s punishment is deemed as being too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

The applicant for compensation (JJ of the injured party) filed an application for compensation with the purport that “the accused would pay 56,230,000 won to the injured party’s family members (other than the applicant for compensation, etc.) for hospital treatment costs, etc.”

However, it is difficult to conclude that the scope of compensation liability is clear, and the applicant for compensation has committed the instant crime.