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 10 months of imprisonment, and forty hours of compliance driving lectures) is deemed to be too uneasible and unfair.
2. The judgment has a large number of criminal records against the accused for the same crime, however, there is a large degree of criticism in that the driving of a motor vehicle is caused by a traffic accident while driving a motor vehicle under the high level of alcohol level of 0.25% during his/her blood.
However, in full view of all the sentencing conditions shown in the records and arguments, including the fact that the defendant is attempting to commit a crime, the injury suffered by the victim is relatively minor, the vehicle of the defendant is covered by the motor vehicle comprehensive insurance, the defendant's vehicle has no criminal record exceeding the fine, the defendant has no criminal record for the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, occupation, and circumstances after the crime, it is not recognized that the sentence of
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.