도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and observation of protection) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.
2. The Defendant had been sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in 2014 and had been sentenced to a punishment for a drunk driving or a non-licensed driving crime. However, on September 5, 2016, the Defendant driven an Oral boom which was not covered by mandatory insurance without a license under the influence of alcohol content 0.137% while under the influence of alcohol during blood.
In addition, on February 28, 2017, when the defendant was under trial of the above case, he did not know even though he was under trial of the above case, and again drive another 0.088% of alcohol with a license without permission on February 28, 2017, and suffered from the victim F, who was walking at the edge of the road, after being followed by the victim F, who was walking at the edge of the road, due to the victim's injury requiring six weeks of treatment. In addition, considering the fact that the risk of causing an accident that may cause an accident that may cause driving in the state of driving, the defendant repeated the same or similar crime, and the degree of alcohol concentration in the blood is high, the defendant's responsibility for the crime is not weak.
On the other hand, the defendant recognized each of the crimes of this case and opposed to the mistake.
In the court below, the defendant deposited 2 million won for the victim F, and in the trial of the party, the defendant paid 1 million won to the victim additionally, and the victim did not want to be punished.
At present, the defendant's health is not good at 70 years of age.
The court below sentenced a suspended sentence of imprisonment on the condition of protecting and observing all the sentencing conditions shown in the arguments of this case, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime. As seen earlier, the court below determined that the sentence of the court below is appropriate in addition to the favorable circumstances, such as the fact that the defendant agreed smoothly with the victim.