특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of suspended execution in six months of imprisonment, 80 hours of community service order, and 40 hours of lecture to comply with the order) is too uneasible and unreasonable.
2. It is recognized that the Defendant committed the instant crime again even though the Defendant had the same criminal history, and the drinking driving is a crime that may have a significant harm to an unspecified person, and the Defendant actually causes a traffic accident due to drinking driving, and the risk of injury to the victim is realized. At the time of the instant crime, the Defendant’s blood alcohol concentration at 0.175% was not insignificant.
However, in full view of the following: (a) the Defendant recognized his mistake and reflects in depth; (b) the victim did not want the punishment against the Defendant by unanimous agreement with the victim; (c) the victim did not have any previous conviction exceeding the fine; and (d) the circumstances following the instant crime; (b) the Defendant’s age, sexual conduct, and environment; and (c) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime; (d) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment
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.