특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, two years of community service, 280 hours of lectures to comply, 40 hours of lectures to comply) is too uneasy and unreasonable.
2. The judgment by the Defendant does not take any measures against traffic accidents while driving a vehicle while drinking, and the escape after drinking additional alcohol to the police station after drinking, and the fact that many victims are disadvantageous to the Defendant.
On the other hand, the following conditions are favorable.
The defendant recognized the crime of this case and is against the law.
In the investigation stage, the victims do not want to be punished by the defendant by agreement with the victims.
The degree of injury suffered by the victims is relatively minor.
There is no record of punishment except for those who have been punished as a suspended execution for traffic accidents in 2002.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.