특정범죄가중처벌등에관한법률위반(도주치사)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, and three years of suspended execution) is too unfased and unfair.
2. The fact that the Defendant had been punished three times due to driving under drinking (two times a punishment punishment, two times a suspended sentence, one time a suspended sentence), the Defendant left the scene without taking any measures despite having been aware of the instant accident, and the Defendant left the site as it was, and there are circumstances unfavorable to the Defendant, such as the death of the victim who was a minor due to the instant accident.
On the other hand, there are favorable circumstances such as the fact that the defendant acknowledges and reflects the crime, that the defendant's bereaved family does not want the punishment of the defendant, that there is a family member to support the defendant, that the branch of the defendant and the place of work want to support the defendant.
In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and the conditions of sentencing as shown in the instant records and arguments, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
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.