교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unfased and unreasonable.
2. The Defendant committed each of the instant crimes even though he/she had been punished several times, including a suspended sentence once due to drinking and driving without a license.
At the time, the blood alcohol concentration of the defendant was higher than 0.168%, and the accident occurred following the damaged vehicle which was stopped in the signal atmosphere.
However, the defendant's mistake in the crime of this case is divided in depth and does not repeat again.
The victims of the accident of this case are relatively weak in terms of damages due to the injury that requires medical treatment for each two weeks, and the vehicles of the defendant are covered by comprehensive insurance.
In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.