특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (ten months of imprisonment, two years of probation, two years of probation, observation of protection, community service order 80 hours, and 40 hours of lectures for treatment of alcohol addiction) of the gist of the grounds for appeal is unreasonable as it is too unfasible.
2. The crime of this case is a situation unfavorable to the Defendant, such as: (a) the Defendant was driving under influence of alcohol and thereby causing injury to one victim for about three weeks; (b) the Defendant did not destroy the other vehicle and did not take relief measures despite the damage of the repair cost of KRW 627,718; and (c) the nature of the crime is not somewhat weak; (d) the Defendant’s blood alcohol concentration level at the time of the instant case was relatively high; and (e) the Defendant had the history of having been punished for the crime of drinking alcohol.
However, the fact that the defendant reflects the mistake in depth, that the victim D agreed with the victim, and that the direct contact with the victim seems to have been insignificant, are favorable to the defendant.
Considering all of the above circumstances and all of the sentencing conditions of Article 51 of the Criminal Act as seen in the records and changes in the instant case, the lower court’s punishment is too unfluent and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.