특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of suspended sentence in August, one year of community service order, 80 hours of community service order, and 40 hours of lecture order) is too uneased and unreasonable.
2. The judgment is a condition for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant, while driving under the influence of alcohol content 0.164% and causing a traffic accident, resulting in injury to the victims; and (b) the Defendant was punished for driving under the influence of alcohol in the past.
However, in full view of the following circumstances: (a) the Defendant’s recognition of all of the instant crimes, the degree of injury suffered by the victims is minor; (b) the Defendant paid insurance money to the victims through the automobile insurance in which the Defendant joined; (c) the Defendant has no record of criminal punishment except for a punishment of a fine once due to a drunk driving in around 2008; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s punishment is deemed unreasonable. Therefore, the Prosecutor’s allegation
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.