특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution for a period of eight months), the community service order 120 hours, and the order to attend a law enforcement lecture for a period of 40 hours) declared by the court below is too uneasible and unreasonable.
2. The instant crime is an unfavorable circumstance where the Defendant, while driving a motor vehicle in violation of a signal while under the influence of alcohol, sustained injury to the victim by causing a traffic accident, and the degree of negligence is serious, and the Defendant did not agree with the victim up to the trial of the party. Rather, the victim wanted to punish the Defendant.
On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, the injury suffered by the victim is relatively minor, the defendant is an initial offender who has no criminal history, and the motor vehicle driven by the defendant is covered by liability insurance, and it seems possible to recover damage to the victim.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.
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.