교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 6,00,000) is too uneased and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The defendant, while driving under the influence of 0.095% alcohol concentration in blood, caused a traffic accident and sustained the injury of three victims.
Circumstances favorable to the defendant shall be as follows:
The defendant is deeply divided into and reflected in the crime of this case.
The defendant's blood alcohol concentration is not high, and the degree of injury of victims is light.
The vehicles operated by the defendant are covered by a comprehensive insurance, and all victims and victims agreed in the original trial.
The defendant is an initial offender who has no record of criminal punishment.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.