특정범죄가중처벌등에관한법률위반(도주차량)등
The appeal by the prosecutor is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.
2. The instant crime is committed while the Defendant was under the influence of alcohol 0.086% by blood alcohol level.
The reason is that the victim H, who was in the atmosphere of the signal, has concealed the vehicle while driving, without taking relief measures, etc. even though he/she suffered injury to the victims on the vehicle, and the crime is very serious, and the defendant has been sentenced to a fine due to drinking driving.
However, there are extenuating circumstances, such as the fact that the Defendant has divided his mistake into depth and reflected, that the vehicle driven by the Defendant appears to have been agreed between the victims and the insurance company as the vehicle is covered by the comprehensive automobile insurance, that there is no record of criminal punishment exceeding the fine, and that there is no record of criminal punishment, etc. In full view of all the sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the lower court is too unreasonable to the extent that the
3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.