특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.
2. The judgment of the Defendant is that the Defendant caused a traffic accident while driving while driving, resulting in personal injury, and has a record of being punished four times for the same crime.
However, the defendant suffered a relatively minor injury to the victim, agreed with the victim, and there is no record of punishment exceeding the fine for the same crime.
In addition, considering the various circumstances, such as the Defendant’s age, sex, environment, motive and consequence of the crime, etc., as shown in the records and pleadings, the lower court’s sentence of suspension of the execution of imprisonment with prison labor, which added community service and the lecture attendance order, is not recognized to the extent that it is unfair because it is too unfasible.
Therefore, prosecutor's assertion is not 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.