교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution in the month of imprisonment for eight months, one hundred and sixty hours of community service, and forty hours of instruction of compliance driving) is deemed to be too unfeasible and unfair.
2. The judgment is an unfavorable circumstance, where the Defendant, while driving a motor vehicle in the state of re-driving even though he had been punished several times due to drinking, caused the instant traffic accident to cause the victims, and the Defendant did not receive any instruction from the victims.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) there was no previous conviction in addition to a fine; (c) the victims were relatively heavy; and (d) each damage was recovered due to the vehicle being covered by comprehensive insurance; and (c) other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s sentence is deemed unreasonable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.