교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for eight months, the suspension of execution for two years, the community service order80 hours, the order to attend a lecture 40 hours) is too uneased and unreasonable.
2. The judgment committed the instant crime again despite the fact that the Defendant had been punished for the same kind of crime twice, and that the degree of injury the victim suffered due to the instant crime was significant, and that the Defendant did not agree with the victim is disadvantageous to the Defendant.
However, in full view of the following facts: (a) the Defendant’s recognition of the instant crime, the Defendant’s blood alcohol concentration (0.057%), the Defendant’s blood alcohol concentration (0.057%), and the victim’s negligence appears to have caused an accident; (b) detention for the Defendant appears to have caused an excessive difficulty to his dependants; (c) the Defendant’s vehicle appears to have been covered by a comprehensive insurance; (d) the Defendant’s vehicle appears to have been partly recovered from the victim’s damage; and (e) the Defendant made efforts to recover damage, such as deposit of KRW 1 million for the victim; (e) details and results of the instant crime; and (e) the scope of the recommended sentencing guidelines of the Supreme Court (where illegality in the proviso of Article 3(2) of the School Special Act is serious, the Defendant’s punishment is too unreasonable.
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.