도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The court below dismissed the prosecution against the defendant as to the violation of the Road Traffic Act among the facts charged against the defendant, and sentenced him to the remaining facts charged, and since only the prosecutor appealed against the guilty part of the judgment below, the dismissed part of the above indictment is separated and confirmed as it is and excluded from the judgment of this court.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) of the lower court is deemed to be too uneasible and unfair;
3. The defendant has a record of being sentenced to criminal punishment of a fine due to a drunk driving.
At the time of the defendant's drunk driving, blood alcohol concentration is very high, and the defendant is driving an non-insurance vehicle with no license.
Although causing a traffic accident, it is not appropriate to commit the crime by escape without taking measures such as aiding the victim.
On the other hand, the defendant recognized and reflected his criminal act, and the vehicle owned was also disposed of.
It seems that the injury suffered by the victim of a traffic accident caused by the defendant is not severe, and the defendant does not want to punish the victim by agreement with the victim.
In addition, considering the various sentencing conditions shown in the records and arguments such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, the sentence of the court below against the defendant is too uncomfortable and unfair.
4. 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.