특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended sentence for ten months of imprisonment, one hundred and sixty hours of community service, and forty hours of lecture of compliance driving) is deemed to be too uneasy and unreasonable.
2. The crime of this case committed by the Defendant without taking relief measures against traffic accidents, and is disadvantageous to the Defendant, such as the nature of the crime is not easy, the degree of injury to the victim is grave, and the Defendant again committed the crime of this case despite the past record of criminal punishment on several occasions.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake, pay the victim the amount of damage, and the traffic victim does not want the punishment of the defendant, and there is no record of punishment exceeding the fine.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.