특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for ten months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.
2. The offense is not good because the defendant, who caused an accident due to drinking driving, did not take any relief measures after causing an accident and escaped.
In addition, the defendant has a criminal record of drinking once.
However, the defendant is aged and is against his mistake.
In addition, the degree of injury of the victims is relatively limited, and the victims have agreed to it smoothly.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the 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.