교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment for six months, one year of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.
2. The judgment of the Defendant caused a traffic accident while driving a vehicle in a state of drinking in spite of the fact that the Defendant had been punished four times due to driving without a license or driving without drinking.
The blood alcohol concentration of this case is higher than 0.112%, and the injury suffered by the victim is serious.
However, in full view of the following facts: (a) the Defendant recognized the mistake of the instant crime; (b) the Defendant’s vehicle is covered by a comprehensive insurance; (c) the Defendant’s vehicle has reached an agreement with the victim at the time of the trial; and (d) the Defendant’s age, character and conduct, environment, etc. and all of the sentencing conditions indicated in the pleadings, the sentence imposed by the lower court
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.