교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is too uncomfortable and unfair.
2. In full view of the elements of unfavorable sentencing, including the fact that the Defendant has been punished for driving under drinking and driving without a license several times, and that the Defendant agreed with the victim in the trial, that the Defendant seriously reflects on driving under drinking and driving without license, that the Defendant is seriously against the victim, and that the injury inflicted on the victim is not serious due to the climatic base and the tension, etc. requiring two weeks medical treatment, and other factors that form the conditions of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the scope of recommended sentences of sentencing (one month or more of imprisonment) after the crime, it cannot be deemed unfair that the Defendant’s sentence against the Defendant is too unreasonable.
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.