특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence in prison for eight months, and one hundred and sixty hours of community service order) is too unhued.
2. Prior to the instant case, the Defendant had been punished for drinking alcohol driving twice.
At the time of the instant case, the Defendant driven a motor vehicle with 182 km speed from the development condition of 0.181% alcohol concentration in blood at the time of the instant case, and was in a state that the Defendant was unable to drive normally to the extent that he would look back from the vehicle behind the said vehicle.
The defendant's act is a crime that may cause serious harm to the life and body of others as well as himself.
However, the defendant shows his attitude to confession and reflect the crime of this case.
The defendant deposited one million won in the court below for the victim, and the victim's property damage seems to be recovered by entering into a comprehensive insurance contract.
The family members and branch members of the defendant want to take the lead of the defendant, and they want to take the lead of the defendant.
In light of these circumstances, there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court, and other circumstances, comprehensively considering the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, the lower court’s sentencing cannot be deemed to be excessively unfasible and beyond the reasonable scope of discretion.
Therefore, prosecutor's assertion is not accepted.
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.