특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.
2. The judgment of the Defendant committed the instant crime even though he had the record of being punished for drunk driving.
The crime of this case was committed by the Defendant while driving under the influence of alcohol and resulting in an accident to inflict bodily injury on the victim, and did not reach an agreement with the victim until the nature of the crime was frighten, and the victim was in mind.
Since the defendant's blood alcohol concentration is 0.131% high, the necessity to punish the defendant strictly is recognized.
However, the defendant recognized the mistake of the crime of this case and is in profoundly against the defendant, and there is no way to impose any criminal punishment in addition to the punishment twice the fine prior to the crime of this case.
The degree of injury suffered by the victim is relatively more severe, and since the vehicle of the defendant is covered by a comprehensive insurance, it seems that the damage recovery will be made to some extent.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.