특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because of the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service order, and forty hours of order to attend a lecture) too unhued.
2. It is recognized that the Defendant had been punished twice as a crime of violation of the Road Traffic Act (including a suspended sentence once for a crime of violation of the Road Traffic Act) and that the Defendant again committed the instant crime even though the driver’s license was revoked due to a drunk driving in 2014, and that the Defendant’s blood alcohol concentration level is relatively high to 0.169%.
However, in light of the following: (a) the Defendant does not repeat the crime by recognizing all of the crimes; (b) the injury suffered by the victim of the instant traffic accident is relatively less severe; (c) the Defendant has agreed to recover full damage by the investigative agency; (d) the Defendant has to support three minor children by neglecting the victim; and (c) the Defendant’s age, character and conduct, environment, means and consequence; (d) the process and motive leading up to the instant crime; and (e) the circumstances before and after the instant crime, etc., and the sentencing conditions specified in the records and arguments, it is not recognized that the sentencing of the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.