특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for a period of eight months, 80 hours of community service order, and 40 hours of lecture to comply with the law) is too uneasible and unreasonable.
2. Determination of the Defendant’s blood alcohol concentration is considerably high, Defendant’s vehicle does not subscribe to automobile insurance, and the Defendant did not reach an agreement with the victim up to now, and the Defendant repeated the instant crime despite the fact that the Defendant had been punished several times due to drinking driving.
However, in light of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the victim's injury and damage are not much serious, and the fact that the victim does not repeat the crime, and all of the sentencing conditions in the instant case, such as the age, sex, environment, circumstances and result of the instant crime, etc., the prosecutor's above assertion is without merit, since the sentence of the lower court 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 grounds that the appeal is without merit. It is so decided as per Disposition.