특정범죄가중처벌등에관한법률위반(위험운전치상)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. In light of the fact that the Defendant, while drinking on an expressway, could lead to a large traffic accident and actually caused an accident, it is necessary to punish the Defendant strictly.
However, in full view of the following factors: (a) the Defendant’s primary crime with no criminal history and agreed with the victim during the appellate trial; and (b) other various sentencing conditions as indicated in the argument of the instant case, such as the background of the instant crime, the circumstances after the instant crime; and (c) the Defendant’s age, sexual conduct, and environment, 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.