교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) is too uneasy and unreasonable.
2. The Defendant, while driving a motor vehicle under the influence of alcohol even though he had the history of punishment for driving a motor vehicle, caused the instant traffic accident to cause three victims.
One of the victims has suffered a serious injury of 6 weeks prior to the crime, and the amount of drinking alcohol of the defendant is also high at the time of the crime.
However, in full view of all the sentencing conditions in the records, including the fact that the defendant recognized the facts charged, the fact that there is no previous conviction in addition to the fine, the vehicle is covered by a comprehensive insurance and the victim does not want the punishment by mutual consent with the victims, the number of times the defendant was punished due to the previous crime of drinking, the age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence of the court below is uneasible and unreasonable.
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.