특정범죄가중처벌등에관한법률위반(도주치사)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of three years, the suspension of execution of five years, community service work 280 hours, and the participation in compliance driving 40 hours) is too uneased and unreasonable.
2. The Defendant, while driving a motor vehicle under the influence of alcohol, escaped as it is while causing a traffic accident, and as a result, the victim's death led to the death, and the responsibility for the crime is heavy.
However, in full view of the following: (a) the Defendant recognized all of the instant offenses; (b) there was no previous conviction; (c) there was no person subject to punishment; and (d) the said bereaved family does not want the Defendant’s punishment under the agreement with the victim’s bereaved family; (b) at the time of the instant accident, the victim entered the intersection in violation of the signal and without wearing a safety cap; (c) the occurrence and consequence of the instant accident did not affect the victim’s negligence; and (d) other factors of sentencing indicated in the record, such as the Defendant’s age, sex, environment, background leading to the commission of the crime; and (e) circumstances after the commission of the crime, etc., the lower court’s punishment is deemed 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.