도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of suspended sentence in six months of imprisonment) is too uneasy and unreasonable.
2. The degree of injury to the victim is relatively heavy, the degree of alcohol concentration is high, and the defendant needs to be punished in light of the risk of driving alcohol.
However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects against himself; (b) the Defendant has no record of the same kind of crime; (c) the Defendant agreed with the victim; and (d) the motive and background leading up to the instant crime; (b) the circumstances after the commission of the crime; and (c) the Defendant’s age, sexual conduct, environment, etc., the sentence imposed by the lower court against the Defendant is too uneas
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.