교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of compliance driving curriculum) is too uncomfortable and unfair.
2. Determination
A. Although the crime of this case did not reach the drinking control point, it was disadvantageous to the defendant. However, in light of the circumstances of the crime of this case and the details of the accident, etc., it is not good that the crime of this case could lead to a large-scale accident, and the fact that there was a record of being punished three times as a drinking driving and four times as a fine for non-licensed driving, etc., which are disadvantageous to the defendant.
B. However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court is too uneasible and unreasonable. In so doing, it cannot be deemed that the sentence of the lower court is too unreasonable.
C. Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.