교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of order to attend a course) is deemed too unfasible and unreasonable.
2. The crime of this case is very serious that the defendant committed the crime of this case while driving under the influence of alcohol and caused the death of pedestrians by taking advantage of the accident.
The Defendant has been punished three times due to drinking driving, and was punished as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. At the time of the instant case, the blood alcohol concentration was 0.122% higher.
On the other hand, however, the defendant did not want the punishment of the defendant by mutual consent with the bereaved family members, but did not pay due attention to the place other than the crosswalk in the occurrence of the accident of this case, and the negligence of the crossingd victim is not significant
The defendant has been repented in depth, and there has been no history of punishment for about ten years.
Considering such circumstances and other conditions of sentencing as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s sentence is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.