특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for ten months of imprisonment, two years of community service order, 160 hours of community service order, and 40 hours of lecture order for compliance driving) by the court below is too uneasible and unreasonable.
2. The instant crime is an unfavorable circumstance where the Defendant committed the instant crime, while driving a motor vehicle in violation of a signal while under the influence of alcohol, resulting in injury to the victim, and the degree of negligence is serious, and the Defendant committed the instant crime even in 2015, even though he/she had been sentenced to a fine due to drinking driving.
On the other hand, there are more favorable circumstances such as the fact that the defendant's mistake is properly recognized and reflected, the fact that the motor vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the fact that the injured person is not punished against the defendant by agreement with the victim for the severe time in the first instance, and the fact that the defendant was sentenced once to a fine as above, and that there is no other criminal record that the defendant was sentenced once
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.
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.