특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable because it is too unfasible.
2. Determination is that the defendant has been punished for a violation of the Road Traffic Act (drinking), and that the defendant's drinking value is high is disadvantageous to the defendant.
However, in light of the fact that the defendant's mistake is recognized and against himself, the degree of injury of the victim is relatively minor, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and other circumstances revealed in the arguments in this case, the court below's punishment is too unfasible and it is not deemed unfair, and thus, the prosecutor's assertion is rejected.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.