특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, two years of suspended sentence, two years of probation, observation of protection, community service, 120 hours, and 40 hours of lecture of compliance driving) is too uneasy and unreasonable.
2. Determination is an unfavorable circumstance to the Defendant that the Defendant, while driving under the influence of alcohol, did not take any action against an accident and escaped, and that there was a history of punishment due to drinking driving, etc.
On the other hand, the following conditions are favorable.
The Defendant led to confession and reflect on the crime of this case.
At the original trial, the victims do not want punishment of the defendant by mutual consent between the victims and the victims.
There is no record that the defendant has been punished beyond a fine.
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 other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.
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.