특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The fact that the defendant had been punished twice due to drinking driving, and the crime of this case is committed against the defendant in light of the contents of each traffic accident of this case and its danger (the blood alcohol concentration of the defendant at the time of driving of this case is high 0.276%) and the fact that the crime of this case is not proper in light of the contents of each traffic accident of this case and its danger (the blood alcohol concentration of the defendant at the time of driving of this case is high 0.276%).
However, considering the circumstances such as the Defendant’s recognition of the instant crime and the fact that there is no criminal conviction exceeding the fine, the degree of injury suffered by the victim C is relatively minor, and the victim C and the Defendant did not want to be punished, considering the Defendant’s age, character and conduct, family relationship, means and result of the crime, and the circumstances after the crime, the lower court’s punishment (one year of imprisonment, three years of suspended execution, three years of community service, 120 hours of law enforcement, 40 hours of law enforcement course) is too unjustifiable and unreasonable.
2. 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.