특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to two years, and up to 40 hours of attending a law-abiding lecture) that the court below sentenced is unreasonable.
2. In addition to the circumstances favorable to the defendant taken into account by the court below (the fact that the defendant has no record of punishment of imprisonment with prison labor or heavier, reflects the crime, subscribe to a comprehensive insurance, and agreement with the victim) and unfavorable circumstances (the fact that the defendant has a record of being fined twice due to drinking driving, etc., and the degree of blood alcohol content of drinking driving is very high, and there is a possibility that other victims may occur due to repeated drinking driving), there is no special change in circumstances that make it possible to change the sentence imposed by the court below, and in full view of all other circumstances that are conditions for the sentencing as shown in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.
The prosecutor's assertion is not accepted.
3. The prosecutor's appeal of conclusion 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.