교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.
2. Determination is an unfavorable circumstance that the Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to punishment for driving under drinking alcohol in the past and that he/she again committed the instant crime.
On the other hand, there are favorable circumstances such as the fact that the defendant recognizes and reflects his mistake, and that the victims agree with each other.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.