특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of eight million won) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below determined the punishment by taking into account various sentencing factors, including the inferior nature of the crime in light of the details and methods of the crime, the fact that the mistake was pened and reflected, the victims agreed with the victims, the victims do not want the punishment of the defendant, the fact that the victims are covered by the automobile comprehensive insurance, the fact that there is no criminal history, the blood alcohol concentration level, and the circumstances after the crime.
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.