특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who had been punished for a violation of the Road Traffic Act due to drinking or unlicensed driving, was under separate trials, committed the instant crime and the risk of re-offending the crime is crypted; and (b) the nature of the crime is not less than that of the crime in light of the substance of the crime, the lower court’s punishment (one year and two months of imprisonment, three years of probation, three years of probation, 40 hours of attendance, and 200 hours of community service order) is too unfyed.
2. The court below decided the above punishment against the defendant on the grounds of sentencing as stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently considered when determining the punishment in the court below. In addition, considering the defendant's age, character, character, environment, motive, motive, means and consequence of the crime, the circumstances after the crime, etc., including the fact that the defendant committed the crime in this case, was committed in a profound manner, and that the victims were in the preference to the defendant by mutual agreement with the victims, it cannot be recognized that the judgment of the court below exceeded the reasonable scope of discretion because it is too unafford.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.