특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.
2. The crime of this case caused a traffic accident while driving a judgment under the influence of alcohol is bad in light of the circumstances of the crime, the victim suffered a very heavy injury, the defendant's blood alcohol concentration level was very high at the time, and the defendant at the time was under suspension of execution.
However, it is recognized that the circumstances such as the defendant's agreement with the victim that the injured person does not want the punishment of the defendant, the defendant committed all the crimes of this case, and the fact that there is no record of punishment for the same crime.
Comprehensively taking account of the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentence and the original court’s punishment, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
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.