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 eight months of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of order to attend a law-abiding driving lecture) is too unhued and unreasonable.
2. The Defendant, who escaped without taking any measures to avoid the occurrence of the instant accident, is very bad to commit the instant crime, and the Defendant was driving with drinking alcohol at the time of the accident, and there is no part of the Defendant’s efforts to recover the victims’ damage.
In addition, the defendant has already been punished three times due to drinking driving and drinking refusal.
However, the defendant is against the charge, and the degree of injury of the victims due to the accident in this case is not much serious.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.
3. 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.
(The "Compulsory insurance" in Part 4 of the original decision is apparent that it is a clerical error in the "comprehensive insurance", and it shall be corrected ex officio).