특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspension of execution for two years, and suspension of education for 40 hours) that the court below rendered is unreasonable.
2. Although the defendant had a history of punishment twice due to drinking driving, the crime of this case that causes a traffic accident in the course of driving under drinking again shall not be less than that of the crime in this case;
However, it is difficult to view that the lower court’s sentence was too unhued and exceeded the reasonable scope of discretion, considering the following factors: (a) the degree of injury of the victims is relatively weak; (b) the victims did not want punishment against the Defendant by mutual consent; and (c) all the sentencing conditions indicated in the arguments and records of the instant case.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.