특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3 million) against the Defendant is too unhued and unreasonable.
2. The crime of this case is a case in which the defendant caused a traffic accident while in the state of his driving and sustained injury to the victim, and its nature is not good, and is disadvantageous to the defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means, consequence, etc., the Defendant’s sentence against the Defendant is too unfasible and unfair, and thus, the Prosecutor’s assertion is without merit, inasmuch as it is deemed that the Defendant’s sentence against the Defendant is too unfasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Provided, That the court below's "application of the law" of the court below is clearly omitted from "small-scale mitigation of 1." and "Article 53 and Article 55 (1) 6 of the Criminal Act (normal consideration of the reasons for sentencing)" in the following acts. Thus, the court below's appeal is to be corrected as adding it in accordance with Article 25 (1) of the Regulation on Criminal Procedure.