특정범죄가중처벌등에관한법률위반(위험운전치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 9,00,000) is too uneased and unreasonable.
2. The judgment of the Defendant committed the instant crime in which the victim was injured by driving a motor vehicle while driving the motor vehicle in a difficult condition due to drinking while under the influence of alcohol while driving the motor vehicle. At the time of the instant case, the Defendant’s blood alcohol concentration was 0.188% higher than that of the Defendant’s blood at the time of the instant case, etc. are disadvantageous to the Defendant.
On the other hand, the defendant would not drive drinking again against the mistake of the defendant.
It is advantageous to the fact that the defendant was punished for a suspended sentence due to drinking driving in 2010, there was no record of punishment due to drinking, the vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance, and the agreement with the victim of the traffic accident was reached.
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., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible 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.