교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.
2. As to the grounds of appeal, each of the instant crimes committed by the Defendant was committed while driving a motorcycle with no mandatory insurance in the state of alcohol level of 0.10%, while under the influence of alcohol level of 0.10%, while entering the intersection in violation of the signal and causing bodily injury to the cab and the victim of the her passenger. The Defendant’s injury suffered by the victim was not less than 8 weeks due to the injury, such as the injury, such as the side slurf in the slurg, and the side slurf in the slurg that requires treatment for about 8 weeks, and thus,
However, in light of all other circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, means and consequence, etc., the sentence imposed by the lower court is too unjustifiable, and thus, cannot be deemed unfair, in light of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant appears to have paid all damages to the taxi driver who caused the collision; (c) the Defendant appears to have transferred all damages to the taxi driver who caused the collision; (d) the motorcycle driving the Defendant was similar to the electric bicycle in terms of the maximum speed and weight; and (e) the risk seems to be relatively less than the general motorcycle compared to the general motorcycle; and (e) the Defendant was the first offender who has no criminal history; and (e) the Defendant was the first offender who caused the instant crime.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.