특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The appellate court’s sentence (ten months of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of order to attend a lecture) is too unfasible and unreasonable.
2. The Defendant, in 2004 and 2006, was sentenced to a fine on two occasions due to drinking driving, and the Defendant committed the instant crime without being informed of the fact that he was sentenced to a suspended sentence on January 27, 2015 by the District Court of the Jung-gu, which was sentenced to a suspension of execution for eight months and two years due to a crime of occupational deterioration.
This case is a crime in which the defendant was parked in order to circumvent the front side while driving a motor vehicle under the condition of 0.166% alcohol concentration in blood, and the defendant suffered an injury in need of 4 weeks, 2 weeks, and 2 weeks of treatment, and the defendant's liability for the crime is not easy.
On the other hand, the defendant recognized all of the crimes of this case and is against the law.
It seems that victims did not have serious injury, and since the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, damage is likely to be recovered.
The defendant has no record of criminal punishment exceeding fines for the same kind of crime.
In such circumstances, the lower court sentenced the Defendant to suspend the execution of imprisonment with prison labor and to take corrective measures in society in order to prevent recidivism, by taking account of various sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the scope of recommended punishment according to the sentencing guidelines established by the Supreme Court Sentencing Committee / [the scope of recommended punishment / [the scope of recommended punishment / [the scope of recommendation] the aggravated area (8 months to 2 years) of the first type of traffic accident (the special aggravated) [the case of drinking driving].
The sentencing of the court below seems to have been conducted within the reasonable scope of discretion, and the circumstances alleged by the prosecutor in the trial at the party level are already considered in the court below's determination of punishment, and otherwise, the court below's determination is different.