특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) declared by the court below is too unfasible and unfair.
2. The Defendant again committed the instant crime despite the record of punishment due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in 2011, and sustained six weeks of injury to the victim.
At the time, blood alcohol concentration was very high to 0.197%.
However, there is no criminal history other than the punishment of the above fine, the defendant's vehicle is covered by comprehensive insurance, and it was agreed with the victim.
The Defendant divided the mistake of the instant crime, and is in profoundly against the Defendant.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.