특정범죄가중처벌등에관한법률위반(도주치상)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment for eight months, one hundred and twenty hours of community service, and forty hours of lecture of compliance driving) is deemed to be too uneasy and unfair.
2. The crime of this case is acknowledged that the defendant escaped because he shocked the damaged vehicle that the defendant driven in the front room and was exposed to drinking, and the crime of this case is not less strict, the defendant has been punished for driving under drinking, and the fact that the defendant was unable to reach an agreement with the victims.
However, considering the fact that the Defendant led to the confession of the crime, and there is no past record of punishment heavier than the fine, the victim’s injury is not heavier than the fine, the victim’s injury is covered by a comprehensive motor vehicle insurance policy, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unfair.
Therefore, prosecutor's 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.