특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (6 million won in penalty) is unfair because it is too unfluent.
Judgment
The defendant, while driving a vehicle under the influence of 0.104% alcohol concentration in blood, caused an accident that causes shock of the damaged vehicle in the signal atmosphere while driving the vehicle.
However, the degree of the accident in this case and the degree of the injury suffered by the victim are relatively minor, and the damaged vehicle is covered by a comprehensive insurance, and the defendant is the first offender.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.