특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.
2. Determination that the Defendant’s blood alcohol content is higher than 0.136%, and that is highly shocked due to the instant traffic accident in light of the damaged parts and degree of the vehicle.
It is recognized that four persons were damaged by the instant traffic accident, and the degree of such damage is not easy.
However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant did not have any history of criminal punishment; (c) the victims were paid insurance money to the victims; and (d) the victims did not want the Defendant’s punishment by submitting an application for non-criminal punishment in the first instance trial; and (d) other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, criminal conduct, environment, health conditions, family relationship, motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime, it is difficult to deem that the lower court’s punishment is too unreasonable because the Defendant’
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.