특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court’s sentencing (one year of imprisonment, two years of suspended sentence, two years of probation, 40 hours of probation, 120 hours of community service work) is too uneasible.
On the other hand, the crime of this case was committed by the defendant who escaped while driving under the influence of alcohol, caused an accident again while causing an accident, damaged the damaged vehicle, inflicted an injury on the victim who was the passenger, and without obtaining a license after several months, and the criminal liability of the defendant is not minor.
However, considering all other circumstances, such as the Defendant’s agreement with the victims, the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, the fact that there is no criminal records after being sentenced to a fine due to drinking driving in 2003, and the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed unfair because it is too uneasible.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.