교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended sentence in six months of imprisonment, one year of observation of protection, and twenty-four hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable as it is too unfasible.
2. On January 11, 2017, the Defendant was unable to commit a crime of drinking (as to the above crime, a summary order of KRW 4 million is issued on February 7, 2017). On February 3, 2017, the Defendant’s act of driving again under the influence of alcohol, resulting in the instant accident while driving again on February 3, 2017, and failing to receive a letter from the person who suffered the traffic accident.
However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the degree of injury to the victim of the traffic accident, the fact that the victim of the traffic accident is relatively minor, the subscription to a motor vehicle comprehensive insurance policy, and all other factors of sentencing indicated in the record, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible
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.