특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because of the lower court’s punishment (two years of suspended sentence for one year of imprisonment, two years of probation, 120 hours of community service order, and 40 hours of order to attend a lecture) too unhued;
2. In light of the fact that the Defendant had been punished several times even before and after driving under the influence of alcohol and caused a traffic accident while driving under the influence of alcohol, etc., the Defendant should be punished strictly. However, the Defendant’s assertion of unfair sentencing is not accepted since the Defendant’s punishment is too unreasonable in light of the following: (a) the confession of all the instant crimes and reflects his mistake; (b) the degree of injury to the victims is relatively minor; (c) the Defendant agreed with the victims in the investigation stage; (d) there are no special circumstances to change the sentence of the lower court when the reasons for the sentencing of the lower court are reasonable and in the trial; and (b) there are no other circumstances to change the Defendant’s age, character, character, and environment, intelligence and environment, motive, means, method, and consequence of the crime; (b) the circumstances before and after the crime; and (c) the criminal record.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.