특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution, surveillance of protection, community service order 120 hours, and 40 hours of lectures for alcohol addiction treatment in the period of ten months) imposed by the lower court is deemed to be too uneasy and unreasonable.
2. Even though the Defendant had been punished twice due to drinking driving, the Defendant suffered injury to the victims by causing a traffic accident while driving without a license or driving alcohol in the instant case. As such, the nature of the crime is not weak, and the fact that it was not agreed with the victims is disadvantageous to the Defendant.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of being punished in excess of a fine for the same kind of crime, and the fact that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, etc., and all of the sentencing conditions of the defendant in this case, including the defendant's age, sex, environment, circumstances of the crime, degree of injury, and circumstances after the crime, it is not recognized that the sentence of the court below is too una
Therefore, the prosecutor's above assertion is without merit.
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.