교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of order to attend a lecture) is too uneased and unreasonable.
2. The defendant is driving under the influence of re-driving or non-license even though he had a history of punishment four times due to drinking driving, etc.
In light of the fact that the central line was invaded and the victim's vehicle was shocked for about three weeks, resulting in the victim's injury requiring medical treatment, and that the drinking volume is considerably high to about 0.173%, the responsibility for the crime is not easy.
However, taking into account the following factors: (a) the Defendant’s mistake is against himself; (b) the victim did not want to punish the Defendant; (c) the victim did not want to punish the Defendant; (d) the offender did not have any record of punishment exceeding the fine; and (e) the order to provide community service and to attend a law-abiding lecture appears to have the effect of preventing recidivism; (b) the Defendant’s age, character and behavior, family environment; (c) the motive and background of the crime; (d) the means and consequence of the crime; and (e) the circumstances before and after the crime was committed, it is not recognized that the sentence imposed by the
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.