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 (two months of imprisonment, two years of suspended sentence, 40 hours of community service, and 40 hours of law-abiding driving class) is too unhued and unreasonable;
2. The following determination is an unfavorable circumstance to the Defendant.
The crime of this case is committed in violation of the duty of the defendant to safely change the course while driving a motor vehicle, and the crime of this case is committed as a badly committed an escape without taking necessary measures, such as immediately stopping the motor vehicle and providing relief to the two victims aboard the motor vehicle who suffered an injury by shocking the damaged motor vehicle normally driving on the road and destroying the damaged motor vehicle.
Defendant has been subject to criminal punishment once in the past due to drunk driving.
On the other hand, the following conditions are favorable.
The injury suffered by the victims is relatively minor even though they are injured.
Through the automobile comprehensive insurance of the defendant's vehicle, approximately KRW 8.6 million was paid to the victims in total as insurance money for personal and material damage.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.