특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of the suspended sentence of imprisonment for eight months, 40 hours of lecture for compliance driving, and 40 hours of community service order) that the court below rendered is too uneasible and unreasonable.
2. The fact that the defendant was punished by a fine on two occasions due to driving under drinking and caused the instant traffic accident by driving under drinking is disadvantageous to the defendant.
However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the degree of injury of the victims of the traffic accident in this case is not serious, and the victims expressed their intent not to have the defendant punished, and all of the sentencing conditions in this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence of the court below is too unfeasible and unfair.
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.