특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.
2. Although the Defendant had the power to be punished for driving under the influence of alcohol, he/she had driven a vehicle at the altitude of 0.179% in the blood alcohol level during his/her re-driving and caused the instant traffic accident to inflict injury on the victim, and the degree of criticism is large in that he/she has not yet received from the injured person.
However, in full view of all the sentencing conditions shown in the records and arguments, including the fact that the defendant was committed while committing the crime, there is no criminal conviction other than fines, the injury suffered by the victim is relatively minor, the vehicle is covered by the comprehensive automobile insurance, and the defendant's age, sex behavior, environment, occupation, and circumstances after the crime, etc., the sentence of the court below is too unfeasible and it is not recognized as unfair.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.