특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment imposed by the court below against the defendant (the imprisonment of eight months, the suspension of the execution of two years, the community service order of 120 hours, and the order to attend a law-abiding lecture of 40 hours) is too uneasible and unreasonable.
2. The judgment of the defendant committed each of the crimes of this case on the part of the victim C (Nam and 9 years old) who was on the road at night while the defendant was under the influence of 0.11% alcohol level, due to the negligence of neglecting the duty of care on the road for one-way traffic, and caused the victim to suffer serious injury. In light of the degree of violation of the defendant's duty of care and the degree of injury inflicted on the victim, the crime was very heavy, and the liability for the crime was not accepted from the part of the victim due to the agreement with the victim. While the defendant was under the liability insurance, it is difficult for the victim to receive sufficient damage. However, while the defendant was under the influence of 0.11% of alcohol level, it appears that the defendant was under the influence of living conditions, and there is no reason to punish the same kind of crime as the defendant was under the influence of living conditions, and there is no reason to regard the defendant's age before and after the crime of this case, the circumstances and circumstances leading to the defendant's occupation and behavior, etc.
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.