특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.
Judgment
It is very serious that the defendant concealed a vehicle in the signal atmosphere under influence of 0.139% alcohol concentration in blood and sustained two weeks of injury to the driver and three winners of the vehicle.
However, comprehensively taking account of the following factors: (a) the Defendant is a primary offender and reflects his mistake; (b) the degree of injury is relatively minor; (c) the Defendant’s driver’s vehicle is insured by a comprehensive motor vehicle insurance (Evidence No. 31); and (d) the Defendant’s age, sexual behavior, environment, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.
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.