특정범죄가중처벌등에관한법률위반(위험운전치사)등
The prosecutor's appeal is dismissed.
1. The sentence (one year of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below in light of the summary of the grounds for appeal (unfair sentencing) and the result of the instant crime is unreasonable.
2. The lower court, based on the following factors: (a) the Defendant: (b) the Defendant’s unfavorable circumstances; (c) the Defendant caused the death of the Defendant while driving alcohol; (d) the volume of drinking alcohol is high; and (e) the driving of drinking alcohol should be eradicated; (b) the victim’s unauthorized crossing without permission due to favorable circumstances; (c) the victim’s contribution to the occurrence of the accident; (d) the fact that the victim’
In full view of the records and arguments of this case, the lower court’s sentencing appears to have been appropriately determined by fully considering the above sentencing grounds and the various sentencing grounds asserted by the prosecutor, and there are no special circumstances to change the above sentencing.
In the end, the prosecutor's above argument of sentencing 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 it is without merit. It is so decided as per Disposition.