특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too uneasy and unreasonable.
2. The judgment of the court below is that the crime of this case was committed by the defendant while driving a drinking alcohol and causing a traffic accident to inflict injury upon the victims requiring approximately two weeks of medical treatment, and the nature of the crime is not good. The defendant's blood alcohol concentration at the time of detection is very high by 0.252%, and the driving of drinking is a crime that may cause serious danger to the life and property of others, and thus, it is necessary to strictly punish the defendant.
On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake in depth, and there was a record of fine several times for the same crime, but it has been prior to about 10 years from the crime of this case, and the degree of injury suffered by the victims of this case is relatively minor, and the fact that the victim does not want punishment by mutual consent with the victims is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.