특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, and order to attend a course) of the lower court is too uneased and unreasonable.
2. The crime of this case is a case where the defendant was faced with a victim who was driven while driving under the influence of alcohol 0.202% of alcohol level, and suffered injury requiring about four weeks of treatment for the victim, and the crime of this case is not less complicated, and the defendant's blood alcohol level level was considerably higher than 0.202% at the time of detection, etc., which is disadvantageous to the defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake thereof in depth, there is no past history of criminal punishment or a fine heavier than that of the same crime, and the fact that the victim does not want the punishment of the defendant under a mutual consent with the victim is favorable to the defendant.
In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, 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. It is so decided as per Disposition.