교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two years after the suspension of the execution of eight months and forty hours during the lecture of compliance driving) on the gist of the grounds of appeal is unreasonable as it is too unfasible.
2. The Defendant has been punished several times for the same type of crime, such as drinking, unlicensed driving, etc., including probation.
However, the defendant has no record of crime since 2009.
A vehicle operated by the defendant is covered by a comprehensive insurance, and the degree of injury suffered by the victims is relatively less and less.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.
3. The prosecutor’s appeal of the conclusion is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the application of the law of the court below to the court below clearly shows that there is an error in the application of the law of the court below, and thus, it is evident that the application of the law of the court below is omitted by mistake. Thus, in accordance with Article 25(1) of the Rules on Criminal Procedure, “1. Small amount reduction: Reduction of amount : Article 53 and Article 55(1)3 of the Criminal Act is added.”