특정범죄가중처벌등에관한법률위반(위험운전치상)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, and the order to attend a law-abiding driving lecture 40 hours) is too uneased and unreasonable.
2. The instant crime is an unfavorable condition against the Defendant, inasmuch as the Defendant driven while under the influence of alcohol and resulting in a traffic accident, resulting in the injury to three victims, and the nature of such crime is not somewhat weak. The Defendant’s blood alcohol concentration at the time of the instant case is relatively high, and the degree of the victim I’s injury is not minor.
On the other hand, there is no record of criminal punishment except that the defendant has been sentenced to a long fine, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance in favor of the defendant.
Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible 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.