특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The instant traffic accident, where the Defendant was under the influence of alcohol, is driving a vehicle.
The collision between the victim's vehicle and the victim's vehicle, which had been faced by the central line in the course of the operation of the station line, is extremely dangerous, the victim's serious injury, and the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.
On the other hand, the fact that the defendant deposited KRW 10,00 as criminal consolation money for the victim when the defendant was in the trial, that the defendant has no record of criminal punishment, and that the defendant seems to have committed all crimes, is favorable to the defendant.
In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.