특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below (7 months of imprisonment, 2 years of suspended execution, and 40 hours of order to attend a compliance driving course) is too uneasible and unfair.
2. Each of the crimes of this case committed by the defendant in the judgment on the grounds for appeal is moving back the vehicle.
In light of the degree of injury of the victims and the degree of damage of the damaged vehicle, etc., the crime is not good in light of the degree of injury of the victims and the degree of damage of the damaged vehicle, and there are doubtful circumstances as to whether the Defendant was driving under the influence of alcohol, even though the Defendant was not driving under the influence of alcohol.
However, considering all other circumstances, including the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, its means and consequence, etc., the Defendant appears to have suffered from depression after the diagnosis of a sudden child, and the escape after the occurrence of a traffic accident appears to have been somewhat dynamic and contingent under such unstable trial, the victims did not want to be punished by the victim under an agreement with the victims, and the damage was recovered due to the payment of insurance money to the victims, and the Defendant was the first offender who has no record of the instant crime, etc., the punishment imposed by the lower court cannot be deemed to be unfair, considering all other circumstances that are the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and consequence leading to the instant crime, and the circumstances after the 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.