특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (i.e., eight months of imprisonment and two years of suspended sentence, etc.) is too uneased and unreasonable.
2. The crime of this case is a case where the Defendant, while driving under the influence of alcohol level of 0.201% without a driver's license, caused a traffic accident and caused injury to the victim requiring approximately three weeks of treatment, and the nature of the crime is not weak. The Defendant already has the record of criminal punishment of fines for the same kind of crime, and the driving of drinking is a crime that may cause serious danger to the life and property of another person, and thus, the Defendant needs to strictly punish the Defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, there is no record of criminal punishment heavier than the fine before, and the fact that the defendant's vehicle is covered by the motor vehicle comprehensive insurance and deposited KRW 500,000 for the victim, etc. are favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and 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 as it is without merit. It is so decided as per Disposition.