교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable because it is too unfasible.
2. The judgment is that the defendant has been punished twice due to the violation of the Road Traffic Act (driving), and that the defendant's drinking value is high is disadvantageous to the defendant.
However, in light of the fact that the Defendant did not have any criminal history exceeding a fine, the degree of injury of the victims is relatively minor, the vehicle of the Defendant is covered by a comprehensive motor vehicle insurance, the fact that the Defendant recognized and reflects his/her mistake, and other circumstances shown in the instant argument, such as the Defendant’s age, sex, environment, motive and consequence of the crime, etc., the lower court’s punishment is too unfeasible and unreasonable, and thus, the Prosecutor’s assertion is rejected.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.