특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 40 hours of lecture for compliance driving) on the summary of the grounds for appeal is deemed unreasonable.
2. The following facts are that the Defendant had been punished twice due to drinking driving, that the Defendant left the scene of the accident without any measure after having paid the traffic accident due to drinking driving, and that the nature of the crime is not less light in light of the details and progress of the crime, such as the degree of injury to the victims and the amount of repairing expenses, etc.
On the other hand, it is favorable to the defendant that the defendant recognized his mistake, and that the defendant does not want the punishment of the victim by mutual consent with the victims.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.