특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 40 hours of the law-abiding class) that the court below pronounced is too unfasible and unfair.
2. The judgment of the defendant committed each of the crimes in this case even though he had been punished for a fine of three times due to drinking driving.
In the absence of license, the blood alcohol level was 0.316% and the blood alcohol level was 0.316%, causing a traffic accident by negligence going beyond the center line and resulting in the victim's three-day medical treatment respectively. Since four months have not passed after the crime was committed, the driver was driving without a license again, and the blood alcohol level was 0.14%.
However, the defendant has not committed a second offense in a profound reflection on the crime.
The degree of injury of the victims is relatively minor, and the defendant's driver's vehicle has agreed with the victims in addition to the comprehensive insurance.
At present, the defendant has been in good faith in M Co., Ltd., and the workplace members and branch members want to take the action against the defendant.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.