교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) is too uneasy and unreasonable.
2. The judgment is an unfavorable condition to the defendant, such as the fact that the defendant has been punished several times due to the same crime, including probation, and that the defendant's blood alcohol concentration is not low.
On the other hand, the fact that the defendant recognizes all his mistake and is against the defendant, the fact that the injured person does not want the punishment of the defendant because the defendant agreed with the injured person in the initial agreement with the injured person, the degree of injury of the injured person is relatively heavy, and the vehicle scrapping after the crime of this case is favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.