특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.
2. The judgment of the Defendant, while driving alcohol, caused a traffic accident by breaking the center line while driving alcohol. In light of the method of the crime and the degree of damage, the nature of the crime is not good in light of the degree of damage, the Defendant’s blood alcohol concentration is relatively high, and the Defendant repeated the instant crime even though he had been punished once due to his refusal to measure drinking alcohol.
However, in full view of all favorable circumstances, such as the fact that the defendant's mistake is divided and reflected, the fact that the defendant does not repeat the crime, the fact that the motor vehicle comprehensive insurance is subscribed to, and all of the sentencing conditions indicated in the instant case, including the defendant's age, sex, environment, the circumstances and result of the instant crime, etc., the court below's punishment is too unfeasible and unfair, and thus, the prosecutor's allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.