도로교통법위반(사고후미조치)등
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.
2. The Defendant not only driven in a state of 0.231% alcohol concentration in blood, but also did not take any measures to cause traffic accidents.
However, traffic accidents caused by the defendant are relatively minor, the victim does not want to punish the defendant, and the defendant has no record of being punished for the same crime.
In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is within the scope of reasonable discretion, and it is not recognized that the defendant's punishment has reached the degree of undueness.
Therefore, the prosecutor's assertion is not accepted.
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.