특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to three years of imprisonment, four years of suspended execution, two hundred hours of community service order, and forty hours of order to attend a lecture) is too uneased and unreasonable.
2. The defendant is under the influence of alcohol and driving under the influence of alcohol.
A vehicle on board the victims is shocked by the victim E, while causing the death of the victim E, resulting in about six weeks of injury to the victim G, and failing to take relief measures, etc., and the liability for such crime is not less severe, and the degree of injury to the victim G is relatively significant.
However, in full view of the following facts: (a) the Defendant made confessions of and reflects all of his/her criminal acts when the Defendant was in the trial; (b) the bereaved family members of the victim E and the victim G in the original instance compensates for part of the damages to the victim E and agreed that the deceased’s bereaved family members and the victim G do not want to be punished against the Defendant; (c) the distance of escape is a relatively far away from the place of accident; (d) there is no criminal record exceeding the fine; and (e) there is no other criminal records; and (c) the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime; (d) the means and consequence of the crime committed before and after the crime;
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.