특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, two years of community service order, 160 hours of community service order, 40 hours of compliance driving instruction) is too uneasy and unreasonable.
2. The Defendant, who is driving a drinking alcohol, caused the instant traffic accident and inflicted injury on the victim.
The drinking level at the time of crime is very high.
However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the primary offender; (c) the driving vehicle is covered by a comprehensive insurance and the degree of injury to the victim of traffic accident is relatively minor; (d) the victim does not have to be punished; and (e) the Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s sentence is unfeasible and deemed unfair.
3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices (Provided, That the omission of “the choice of punishment: imprisonment with prison labor for each of the reasons stated in the judgment of the court below is obvious that it is a clerical error, and it is corrected ex officio by adding it).