교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court on the summary of the grounds for appeal (the two-year suspension of the execution of four months and the forty-hour suspension of the execution of imprisonment) is too uneased and unreasonable.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The circumstances favorable to the victim: ① confession and reflect, ② the victims do not want the punishment of the defendant, ③ the normal conditions unfavorable to the disadvantage of the victims, ② the normal conditions with no criminal records, ② the traffic accident that causes the shock of pedestrians while driving under the influence of alcohol, ② the alcohol concentration in blood, ③ the degree of injury in the case of a victim four or more victims, ③ the degree of injury in the case of a part of the victims, and all the circumstances that can be the conditions for the sentencing that can be confirmed through the whole of the above circumstances and records, the judgment of the court below exceeded the reasonable limit of discretion.
It does not seem unfair to maintain the judgment of the court below as it is.
Therefore, prosecutor's sentencing and warning cannot be accepted.
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.