교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that it is improper for the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, 40 hours of community service, 40 hours of lecture attendance order, 40 hours of education) to be too un
2. The judgment of the Defendant, as a tourist bus driver, is driving with a large number of passengers, and thus, should pay more careful attention to safe operation with a high risk of causing a large-scale accident. However, in consideration of the fact that the instant traffic accident occurred while driving the bus under the influence of alcohol of 0.078% during blood, and that the two victims, who were on board the bus, actually suffered serious injury in need of medical treatment for 10 weeks and 8 weeks, the Defendant’s liability is very serious.
In addition, in 200 and 2004, the defendant has been punished twice by a fine due to drinking driving.
However, the defendant recognized the crime of this case and opposed to the mistake.
There is no criminal record exceeding a fine, and there is no record of criminal punishment after 2005.
It seems that the damage suffered by the victims will be recovered as the tourist bus driven by the defendant is insured by the mutual aid association.
In full view of such circumstances and other factors as the Defendant’s age, sex, environment, family relationship, motive and background of the crime, circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing committee, etc., it cannot be said that the sentence imposed by the lower court is too uneasible and unfair.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.