특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.
2. Determination of the Defendant’s blood alcohol content is very high by 0.235%, and the shock caused by the instant traffic accident is very high in view of the damaged parts and level of the vehicle.
It is recognized that two persons have suffered damage due to the instant traffic accident, and the degree of damage is very serious.
However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant has no record of criminal punishment; (c) the victims have been paid insurance money to the victims; and (d) the victims have not wanted to be punished; and (d) the victims have reached an agreement with the victims; and (e) the Defendant’s age, sex, sex, environment, health conditions, family relationship, motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., it is difficult to view the lower court’s punishment to be unfair as it goes beyond the discretionary scope
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.