특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too uneasy and unreasonable.
2. The crime of this case is a case where the Defendant, while driving under the influence of alcohol without mandatory insurance, caused a traffic accident and caused an injury to the victims requiring medical treatment for about two weeks, and the quality of the crime is not good. The Defendant previously had the record of criminal punishment for the same kind of crime, the blood alcohol concentration level of 0.214% at the time of detection was very high at the time of detection, and the driving under the influence of alcohol is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognized his crime and reflects his mistake in depth, the degree of injury suffered by the victims due to the traffic accident in this case is relatively minor, and the victims do not want the punishment of the defendant in the original instance.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.