특정범죄가중처벌등에관한법률위반(도주차량)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of three years, the suspension of execution of four years, community service work 200 hours, and the participation in compliance driving 40 hours) is too uneasible and unfair.
2. The crime of this case committed by the Defendant, while driving under the influence of alcohol, does not take measures such as aiding and abetting the injured party while driving the instant traffic accident, resulting in the death of the injured party, and the case is not very significant and criminal.
However, in full view of the following: (a) the bereaved family members and the bereaved family members do not want the punishment of the defendant; (b) the Defendant’s vehicle is covered by the comprehensive motor vehicle insurance and thus, the amount of insurance proceeds of KRW 170 million is paid to the bereaved family members of the victim; (c) the Defendant has no record of criminal punishment except the sentenced to a fine of KRW 700,000 due to drinking driving in 206; and (d) other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the crime, circumstances before and after the crime, etc., and the sentencing guidelines for the sentencing committee established by the Supreme Court, it cannot be deemed that the sentence of the lower court is too unjustifiable and 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.