특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (i.e., eight months of imprisonment and two years of suspended sentence, etc.) is too uneased and unreasonable.
2. The crime of this case is a situation unfavorable to the defendant, such as the following: (a) the crime of this case was committed by the defendant while driving a drinking alcohol and causing a traffic accident, resulting in the victim's injury requiring medical treatment for about two weeks; and (b) the nature of the crime was not good; and (c) the defendant's blood concentration level was relatively high by 0.166% at the time of detection; and (d) the driving of the drinking alcohol is a crime that may cause serious danger to the life and property of others.
On the other hand, the defendant has no record of criminal punishment before, recognize the crime of this case and reflects the mistake in depth, the degree of injury suffered by the victim is relatively minor, the defendant deposited 2 million won for the victim, and the same mistake will not be repeated again.
They are favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and 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 as it is without merit. It is so decided as per Disposition.