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 (eight million won in penalty) is too unhued and unreasonable.
2. Determination of the Defendant’s blood concentration is very high and the risk of the accident caused by driving of the instant drinking, which is disadvantageous to the Defendant.
On the other hand, in full view of the following: (a) the Defendant reflects his mistake in depth and the victim did not want the punishment; (b) there was no record of being punished for drinking driving since 2002; and (c) other factors of sentencing as indicated in the argument of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the age, sexual behavior, and environment, the lower court’s punishment is too unaffortable and unfair, and thus, the Prosecutor’s assertion is without merit.
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.