교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. In light of the overall sentencing conditions of the grounds for appeal, the sentence of the lower court (two months of imprisonment, two years of suspended sentence, and two hundred hours of community service order) is too uneased and unreasonable.
2. As to the grounds of appeal of this case, the Defendant should be punished strictly in light of the following facts: (a) the victim suffered serious injury, such as the 16th state treatment, and the Defendant did not take any measures to recover from damage until the party in question; and (b) the crime of this case requires the 16th state treatment.
However, in full view of various sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the prosecutor’s assertion of unreasonable sentencing is without merit, since it is not recognized that the Defendant’s punishment is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.