특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, 80 hours of community service order, and 40 hours of lecture to comply with the order) is deemed too uneasy and unreasonable.
2. In light of the fact that the Defendant, even though he had the record of punishment for drinking and driving without a license, again commits the instant crime, the victims suffered bodily injury due to the Defendant’s drinking accident, and the Defendant’s blood alcohol concentration was high at the time of driving alcohol, strict punishment against the Defendant is required.
However, in full view of the following: (a) the Defendant recognized his mistake and reflects in depth; (b) the Defendant committed traffic-related crimes that have no other criminal history except for fines imposed twice twice in 2009; (c) the vehicle operated by the Defendant was covered by a comprehensive motor vehicle insurance; (d) the victims did not have any degree of injury; and (e) other various sentencing conditions specified in the argument of the instant case, such as the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; (d) the Defendant’s sexual behavior; and (e) the Defendant’s punishment is too un
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.