교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the two years, the instruction of compliance driving lectures, the community service hours of 40 hours, the 80 hours) is too uneasible and unfair.
2. The judgment is an unfavorable condition against the Defendant, in light of the fact that the Defendant was punished for a fine on several occasions for the same crime, that the Defendant’s blood alcohol content at the time of the instant case was very high by 0.22%, and that the Defendant appears to have high risk of repeating a crime in light of the Defendant’s criminal history and criminal habit.
On the other hand, it is advantageous to the fact that the defendant reflects his mistake, the injury suffered by the victim of the traffic accident is not much serious, the agreement with the victim was reached smoothly, and the defendant has no criminal record exceeding the fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.