특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that it is improper for the lower court to regard the sentence of imprisonment (eight months of imprisonment, two years of suspended sentence, two years of suspended sentence, and order to attend a course) as
2. The crime of this case is committed on the basis of the following circumstances: (a) the Defendant brought about five or more victims of a traffic accident while driving a drinking alcohol; (b) the quality of the crime was inferior; (c) the blood alcohol concentration was significantly high; (d) the Defendant was punished once by a fine due to driving under drinking; and (e) the Defendant did not agree with the victims; or (e) the Defendant’s mistake is contrary to the circumstances unfavorable to him;
In full view of the favorable circumstances such as: (a) the victims’ injury is relatively minor; (b) the vehicle driven by the Defendant is covered by a comprehensive insurance; (c) the previous offense committed in around 15 years from the instant case due to the Defendant’s commission of the crime in around 2001; and (d) the Defendant’s age, sexual conduct, environment, circumstances of the crime; and other various sentencing conditions specified in the instant records and arguments, such as the circumstances after the commission of the crime, etc., the sentence of the lower court is too uneasible and unreasonable.
The ground for appeal is without merit.
3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.