특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, three years of suspended sentence, two years of probation, 40 hours of a compliance driving lecture, and 200 hours of a community service order) of the lower court against the Defendant is deemed unreasonable.
2. At the time of each of the instant crimes, the Defendant’s blood alcohol content was very high by 0.208% (hereinafter “2014 Highest 3414”) and 0.186% (hereinafter “2014 Highest 4050”) at the time of each of the instant crimes. Although the Defendant had been sentenced to suspended execution and a fine due to the violation of the Road Traffic Act, he/she again committed the instant crimes despite the fact that he/she had been sentenced to suspended execution and fine, and in particular, in the case of “2014 Highest 4050, the Defendant was not prosecuted for the 2014 Highest 3414 Incident, and the Defendant’s awareness of the crime appears to be very lacking, and in the case of “2014 Highest 4050”), the Defendant was still unable to agree with the victim, etc., which are disadvantageous to the Defendant.
However, the defendant led to the confession of each of the crimes in this case and reflects his mistake, and the vehicle of the defendant was covered by the comprehensive motor vehicle insurance at the time of the crime in this case, and the victim did not want the punishment of the defendant in the case of "2014 high-class 3414" and "in the case of "2014 high-class 4050", it appears that the victim would have been paid insurance money to a certain extent and have been recovered from the victim's injury to each of the above cases. It seems that the victim did not bear any weight of injury to each of the victims in the above cases. Other basic crimes of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances before and after the crime, etc., and basic crimes of sentencing recommended in the sentencing guidelines of the Supreme Court Sentencing Committee: traffic crime group, type 1 (accident of traffic accident) and special factors: The scope of recommendation: Imprisonment with prison labor for August 16, category of traffic crime (serious).