특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The sentence (7 million won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The favorable normal circumstances: (1) is divided in depth into several parts.
② The first offender is the first offender.
Comprehensive insurance has been subscribed to, and insurance seems to have been paid medical expenses and agreed amount to the victim.
The degree of injury of the victim seems to be minor.
Unfavorable circumstances: ① Driving in a drunken state, while suffering from injury to the victim due to the negligence of the defendant.
(2) The drinking volume is very high.
In light of the following: (a) there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the first instance court; and (b) other factors and statutory penalty, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, prosecutor's sentencing and warning cannot be accepted.
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.