특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (a fine of KRW 15 million) is deemed to be too unhued and unfair.
2. Determination
A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the following: (a) the degree of injury suffered by the victim is relatively minor and agreed with the victim; and (b) the degree of punishment has no record of punishment for the same kind of crime; (c) the degree of blood alcohol concentration is considerably high; (d) the same during the period of repeated crime; and (e) the criminal act in this case was committed again during the period of repeated crime; and (e) the punishment was imposed.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.