특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The sentence of the court below (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) to the summary of the grounds for appeal is too unhued and unreasonable.
2. At the time of the instant accident, the Defendant’s blood alcohol concentration level is high to 0.229%, and the degree of violation of occupational duty is minor, the Defendant was sentenced to a fine due to the same kind of violation of the Road Traffic Act, and the Defendant is recognized as having been sentenced to a crime of violation of the same Road Traffic Act. Meanwhile, the Defendant’s confession and reflects the instant crime, the Defendant is subscribed to a comprehensive insurance; the Defendant deposited KRW 7 million for the Victim F; deposited for the Victim D; deposited for the Victim F; deposited for the Victim F; agreed with the victims; there was no criminal record of suspension of qualification or more; the Defendant’s age, character and conduct, environment, and circumstances after the crime; thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.