특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (a prison term of 10 months, 2 years of suspended sentence, 2 years of probation, observation of protection, community service order 80 hours, 40 hours of lecture order of compliance driving, and 40 hours of lecture order of compliance driving) is deemed unreasonable
2. At the time of the instant crime, the Defendant’s negligence, such as violating the signal while under the influence of 0.217% in alcohol during blood, causing an injury to the victims, etc. is disadvantageous to the Defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence, the Defendant’s age, sex, environment, motive, means, and circumstance before and after the commission of the crime, the lower court’s sentence against the Defendant is too uneasible and unfair, and thus, the prosecutor’s 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.