특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is unreasonable because the court below's punishment (limited to 3 years of imprisonment, 4 years of suspended execution, 160 hours of probation, community service, 40 hours of compliance driving, 40 hours of course of compliance driving) is too unfford;
2. The judgment below: (a) the Defendant driving a vehicle under drinking and caused the instant traffic accident without any relief measures; (b) left the site; (c) the victim died due to the instant traffic accident; (d) the Defendant committed an additional crime by aiding and abetting a criminal escape to conceal his/her own crime immediately after the accident; (c) the Defendant is in contravention of the unfavorable circumstances, such as: (a) the fact that the Defendant was guilty due to a non-driving license; (d) the Defendant’s criminal conviction due to a non-driving license; (c) the Defendant has agreed with his/her bereaved family members; (d) the Defendant has never reached an agreement with his/her family members; (e) the Defendant has no history of punishment exceeding the fine; and (e) the sentencing conditions indicated in the records and arguments of the instant case, such as the Defendant’s age, environment, and the background of the crime, are too
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.