특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 40 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. Although the Defendant was unable to drive a motor vehicle due to a disease, the Defendant was under the influence of alcohol and escaped from a traffic accident although he was unable to drive the motor vehicle.
There was no agreement with the victims until now, and in 2014, there was a history of punishment for violation of road traffic laws (not after-accident) similar to the crime of this case.
However, the defendant is against the charge, and the degree of injury of the victims is not severe, and the alcohol concentration in blood is 0.075% and is not so high.
B. The defendant deposited 4 million won for the victims, and the vehicle of the defendant was covered by comprehensive insurance, and the damage of the victims seems to have been recovered to some extent.
In addition, comprehensively taking account of the following circumstances, the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s sentence is deemed unreasonable as it is unobcied.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.